Bharatiya Nagarik Suraksha Sanhita, 2023
Section 216
Procedure for witnesses in case of threatening, etc
A witness or any other person may file a complaint in relation to an offence under section 232 of the Bharatiya Nyaya Sanhita, 2023.
Why this exists
Witness intimidation has long been recognised as a major reason why criminal trials in India fail — witnesses often turn hostile or refuse to testify out of fear. Earlier, a victim of such threats had to rely on the police to register and investigate the matter, which caused delays and sometimes inaction, especially when the threat came from powerful accused persons. This provision, introduced in the new BNSS (which replaced the CrPC in 2023), gives witnesses and other aware persons a direct route to approach a magistrate through a complaint, without waiting solely on police machinery, strengthening protection during trials.
Common misconceptions
- Myth: Only the police can act if a witness is threatened.
Fact: This provision allows the witness or any other person aware of the threat to file a complaint directly in court, without depending solely on police investigation.