Bharatiya Nyaya Sanhita, 2023
Section 232 BNS: Threatening Any Person to Give False Evidence
Section 232 of the Bharatiya Nyaya Sanhita, 2023 punishes a person who threatens another with injury to person, reputation or property, or threatens a person or reputation in whom that person is interested, with the intent to cause false evidence to be given.
Section 232 BNS: Statutory Text
Section 232(1). Whoever threatens another with any injury to his person, reputation or property or to the person or reputation of any one in whom that person is interested, with intent to cause that person to give false evidence shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
Section 232(2). If innocent person is convicted and sentenced in consequence of false evidence referred to in sub-section (1), with death or imprisonment for more than seven years, the person who threatens shall be punished with the same punishment and sentence in the same manner and to the same extent such innocent person is punished and sentenced.
The provision is aimed at protecting the integrity of evidence by criminalising coercive threats intended to make another person give false evidence. The threat may relate to the person's body, reputation or property, or to the person or reputation of someone in whom that person is interested.
Essential Ingredients of Section 232(1) BNS
For liability under sub-section (1), the following statutory elements are relevant:
- There must be a threat made to another person.
- The threat must concern injury to the person's body, reputation or property, or to the person or reputation of someone in whom that person is interested.
- The threat must be made with the intention of causing that person to give false evidence.
- The required intention must relate specifically to procuring false evidence.
Punishment Under Section 232 BNS
| Provision | Conduct | Punishment |
|---|---|---|
| Section 232(1) | Threatening a person with the intent to cause that person to give false evidence | Imprisonment of either description up to seven years, or fine, or both |
| Section 232(2) | An innocent person is convicted and sentenced, because of the false evidence, to death or imprisonment for more than seven years | The same punishment and sentence, in the same manner and to the same extent, as imposed on the innocent person |
Sub-section (2) creates a substantially more serious consequence where the threatened false evidence actually results in the conviction and severe sentencing of an innocent person.
Section 232 BNS: Cognizable, Bailable and Triable By
The First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 classifies both sub-sections of Section 232 as follows:
| Provision | Cognizable | Bailable | Triable by |
|---|---|---|---|
| Section 232(1) | Cognizable | Non-bailable | Court by which the offence of giving false evidence is triable |
| Section 232(2) | Cognizable | Non-bailable | Court by which the offence of giving false evidence is triable |
A cognizable classification means that the police have the statutory powers applicable to cognizable offences under the BNSS, including arrest without warrant where the legal conditions for arrest are satisfied. A non-bailable classification means that bail is governed by the applicable statutory provisions and judicial discretion rather than being available merely as a matter of right.
Procedural Context Under the BNSS
Section 232 must be read together with the Bharatiya Nagarik Suraksha Sanhita, 2023, which governs investigation, arrest, bail, inquiry and trial. The BNSS also contains a specific procedural provision concerning witnesses in cases involving threats relating to evidence.
The procedural route in an individual case can depend on where and how the alleged threat occurred, the nature of the false evidence sought, the offence connected with that evidence and the court competent to try the relevant false-evidence offence.
Commencement of the Bharatiya Nyaya Sanhita
The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. The Central Government appointed 1 July 2024 as the date on which its provisions came into force, subject to the notified exception relating to Section 106(2). Section 232 forms part of the operative BNS framework from 1 July 2024.
Official Legal Resources
Frequently Asked Questions
What is Section 232 of the BNS?
It punishes threatening a person with injury to person, reputation or property, or threatening the person or reputation of someone in whom that person is interested, with the intention of causing false evidence to be given.
What is the punishment under Section 232(1)?
Imprisonment of either description for up to seven years, or fine, or both.
What happens if an innocent person is severely sentenced because of the false evidence?
Under Section 232(2), if the innocent person is convicted and sentenced to death or imprisonment for more than seven years, the person who made the threat is liable to the same punishment and sentence in the same manner and to the same extent.
Is Section 232 BNS cognizable?
Yes. Both sub-sections are classified as cognizable.
Is Section 232 BNS bailable?
No. Both sub-sections are classified as non-bailable.
Which court tries an offence under Section 232 BNS?
The BNSS First Schedule provides that it is triable by the court by which the offence of giving false evidence is triable.
This page is intended as a statutory information resource. Case-specific legal consequences may depend on the facts, evidence, procedural stage and other applicable provisions.