BNS 232 : Threatening any person to give false evidence.

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Introduction of BNS Section 232

BNS Section 232 plays a crucial role in protecting the integrity of judicial proceedings in India. It deals with situations where a person uses threats of harm—whether physical, reputational, or to property—to force someone into giving false evidence in court or other legal processes. This provision ensures that witnesses and individuals cannot be coerced into lying, and justice is not derailed by intimidation. What makes this law even stricter is that if such false evidence leads to the conviction of an innocent person, the person making the threats will face the same punishment that the wrongly convicted person suffers. This reflects how seriously the law treats attempts to manipulate justice through threats.

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The Bharatiya Nyaya Sanhita (BNS) Section 232 replaces the old Indian Penal Code (IPC) Section 195A.

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What is BNS Section 232 ?

BNS Section 232 addresses the crime of threatening someone to give false evidence. It punishes individuals who use threats of harm to force someone into lying in court or any legal proceeding. If the false evidence leads to the conviction of an innocent person, the one responsible for the threats faces the same punishment as the victim.

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Under Section 232 of the bns act 2023

Whoever threatens another person with injury to their body, reputation, or property, or to the person in whom they are interested, with the intention of compelling them to give false evidence in any legal proceeding, shall be punished with imprisonment up to seven years, or with fine, or with both. If, because of such threats, an innocent person is convicted and punished, the offender shall be liable to the same punishment which the innocent person suffers.

Explanation of the Bare Act

1. Meaning of the Section

• Punishes anyone who forces or pressures another to give false evidence in court.
• Threats may be against:
  • The person directly,
  • Their family,
  • Their property, or
  • Their reputation.
• If false evidence leads to wrongful conviction, the offender faces the same punishment as the innocent person.

2. Who is Covered?

• Threatener → Anyone making the threat, whether connected to the case or not.
• Victim → The person forced to give false evidence under intimidation.
• Innocent Person → Wrongfully convicted due to such false evidence; law protects them by punishing the threatener equally.

3. Nature of the Offence

• Cognizable → Police can arrest without warrant.
• Non-bailable → Bail only at court’s discretion, not a right.
• Non-compoundable → Cannot be settled privately, must go to trial.
• Triable by Court of Session → Serious offence handled by higher court.

4. Examples of BNS Section 232

• Example 1 – Threat to Witness
  A man threatens to destroy a witness’s shop unless he lies in a murder trial. The man is guilty under Section 232.
• Example 2 – Wrongful Conviction
  A woman threatens her neighbor to give false evidence in a robbery case. An innocent man is sentenced to 10 years. Later, when truth is revealed, the woman faces the same 10-year punishment.
• Example 3 – Not Guilty Case
  If a person requests someone to testify in their favor without threats, it is not an offence under this section. Only threat-based pressure is covered.

5. Punishment under BNS Section 232

• Imprisonment → Up to 7 years.
• Fine → Amount decided by the court.
• Both → In severe cases, imprisonment and fine.
• Same Punishment as Innocent Person → If threats cause wrongful conviction, the offender suffers the exact same punishment.

6. Importance of BNS Section 232

• Protects the truth in judicial proceedings.
• Safeguards witnesses and individuals from intimidation.
• Prevents wrongful convictions due to coercion.
• Maintains the credibility of the justice system.

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Section 232 BNS Overview

BNS Section 232 of the Bharatiya Nyaya Sanhita addresses the crime of threatening someone with harm to force them into giving false evidence in a judicial proceeding. This section also outlines strict penalties, including imprisonment and fines, for individuals who make such threats. If false evidence due to threats results in the wrongful conviction and punishment of an innocent person, the one who made the threats will face the same punishment that the innocent person was sentenced to.

10 Key Points of BNS Section 2232

1. Threats to Force False Evidence: BNS Section 232 makes it a crime to threaten someone in order to force them to provide false evidence. Threats could be made to the person themselves, their reputation, property, or to anyone connected to them. This prevents individuals from being coerced into lying under oath during a trial or legal proceeding.
2. Forms of Threats: The threats under this section can take various forms, including injury to the body, harm to property, or damage to one’s reputation. It also covers threats made against people who are close to the individual, such as family or friends, making it broad enough to address different types of coercion.
3. Intent Behind the Threat: For an act to be punishable under BNS Section 232, the person making the threat must have the intent to cause the victim to give false evidence. This means the person who threatens knows the victim might lie under oath because of the pressure or fear created by the threat.
4. Punishment for Threats: If a person is found guilty of threatening another to provide false evidence, they can face imprisonment for up to seven years, a fine, or both. This ensures that the crime is taken seriously and deters individuals from trying to influence court proceedings through threats.
5. False Conviction of an Innocent Person: If the false evidence given due to the threats results in the conviction and punishment of an innocent person, the person who made the threats will receive the same punishment as the wrongly convicted individual. This includes severe penalties, such as life imprisonment or even the death penalty, depending on the case.
6. Application to Judicial Proceedings: BNS Section 232 specifically applies to judicial proceedings, which means that any threats related to court cases, legal investigations, or trials are covered. It ensures that the integrity of legal processes is maintained by preventing interference through threats.
7. Cognizable Offence: BNS Section 232 is classified as a cognizable offence, meaning that the police have the authority to arrest the accused without a warrant if they have sufficient grounds to believe a crime has been committed. This gives law enforcement more power to act swiftly in cases of threatening behavior related to legal proceedings.
8. Non-Bailable Offence: The offence under BNS Section 232 is non-bailable, which means the accused cannot automatically be released on bail. They must apply to the court for bail, and it is at the discretion of the judge to grant or deny the request based on the circumstances of the case.
9. Seriousness of the Crime: The non-bailable and cognizable nature of the offence highlights the seriousness with which the law treats the crime of threatening someone to give false evidence. This is done to maintain the credibility of legal proceedings and ensure that no one is wrongly convicted based on coerced or false testimony.
10. Impact on Legal Integrity: BNS Section 232 plays a crucial role in protecting the fairness of the judicial process by preventing people from using threats to manipulate the outcome of legal cases. This ensures that legal proceedings remain just, and that testimonies given in court are true and based on facts, rather than coercion.

Two Examples of BNS Section 2232

1. Example 1:
   A is a witness in a court case involving a property dispute. B, who has a personal interest in the case, threatens to ruin A’s reputation and harm their family if A does not provide false testimony in court. Fearing for their family’s safety, A lies under oath. B is later charged under BNS Section 232 for coercing A into giving false evidence.
2. Example 2:
   During a criminal trial, C threatens D, a key witness, with physical violence if D does not testify falsely in favor of C. D gives false testimony, and as a result, an innocent person is wrongfully convicted. Under BNS Section 232, C is prosecuted and faces the same punishment as the innocent person who was convicted due to the false evidence.

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BNS 232 Punishment

1. Imprisonment: The punishment for threatening someone to give false evidence can be up to seven years of imprisonment. This serves as a strong deterrent for anyone considering coercing someone into lying under oath.
2. Fine: In addition to imprisonment, the court may impose a fine, or both imprisonment and a fine, depending on the severity of the threat and the resulting consequences.

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BNS 232 bailable or not ?

BNS Section 232 is Non-Bailable. This means that the accused cannot automatically get bail and must apply to the court, where the decision to grant bail is at the judge’s discretion based on the facts of the case.

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Comparison Table – BNS Section 232 vs IPC Section 195A

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BNS Section 232 FAQs

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Conclusion

BNS Section 232 is a powerful safeguard against the misuse of intimidation in judicial proceedings. By punishing those who threaten others into lying under oath, the law ensures that witnesses can speak the truth without fear. Its strict provision—making the offender liable for the same punishment as the innocent person wrongfully convicted—acts as a strong deterrent. This section reinforces trust in the justice system, highlighting that truth and fairness must remain at the core of every legal process.

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