Section 216 BNSS: Procedure for Witnesses in Case of Threatening

Section 216 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides a direct procedural route for a witness, or any other person, to file a complaint when the alleged conduct amounts to the offence of threatening a person to give false evidence under Section 232 of the Bharatiya Nyaya Sanhita, 2023.

Text of Section 216 BNSS

216. A witness or any other person may file a complaint in relation to an offence under section 232 of the Bharatiya Nyaya Sanhita, 2023.

Meaning and Scope of Section 216

Section 216 is a short but important provision dealing with intimidation connected with evidence. It expressly recognizes that a complaint may be filed not only by the witness who is threatened, but also by any other person, where the complaint concerns an offence under Section 232 of the Bharatiya Nyaya Sanhita, 2023.

The provision should be read together with Section 232 BNS. Section 232 addresses threats of injury to a person, reputation or property, or to the person or reputation of someone in whom the threatened person is interested, when the threat is made with the intent to cause that person to give false evidence.

Section 232 BNS: Threatening a Person to Give False Evidence

Section 232(1) of the Bharatiya Nyaya Sanhita, 2023 makes it an offence to threaten another person with injury to person, reputation or property, or to the person or reputation of someone in whom that person is interested, with the intent to cause the person to give false evidence. The provision prescribes imprisonment of either description for a term which may extend to seven years, or fine, or both.

Section 232(2) further provides for a more serious consequence where an innocent person is convicted and sentenced because of the false evidence referred to in sub-section (1). In that situation, the person who made the threat may be punished in the same manner and to the same extent as the innocent person was punished and sentenced, subject to the statutory conditions.

Who May File a Complaint Under Section 216?

A witness who is threatened with the object of making him or her give false evidence.
Any other person who seeks to make a complaint concerning an offence under Section 232 BNS.
The complaint must relate to the offence described in Section 232 BNS; Section 216 itself does not create a separate substantive offence.

Practical Significance

The section supports the integrity of judicial and investigative processes by providing an express complaint mechanism where threats are used to influence evidence. A complaint should clearly set out the nature of the threat, the person who made it, the connection with the evidence expected from the witness, and the facts showing the alleged intention to cause false evidence to be given.

Important: The exact procedure and forum applicable to a particular complaint can depend on the facts, the classification of the alleged offence, and other provisions of the BNSS. The statutory text and applicable procedural provisions should therefore be checked for the specific case.

Commencement of the BNSS

The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023. The Central Government appointed July 1, 2024 as the date on which the Sanhita came into force, except for the notified First Schedule entry relating to Section 106(2) of the Bharatiya Nyaya Sanhita, 2023.

Official Legal Sources

For authoritative text and commencement information, refer to the official India Code and Ministry of Home Affairs materials:

Official BNSS, 2023 - India Code Official BNS, 2023 - India Code New Criminal Laws - Ministry of Home Affairs BNSS Commencement Notification - MHA

Section 216 appears among the BNSS provisions dealing with conditions and procedures connected with prosecution and cognizance. Readers may also refer to the immediately preceding and succeeding provisions for context.