Indian Penal Code, 1860
Section 195A
repealedThreatening any person to give false evidence
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; and if innocent person is convicted and sentenced in consequence of such false evidence, with death or imprisonment for more than seven years, the person who threatens shall be punished with the same punishment and sentenced in the same manner and to the same extent as such innocent person is punished and sentenced.
Why this exists
Section 195A was inserted into the Indian Penal Code in 2006 as part of reforms aimed at protecting witnesses, following growing concern over witness intimidation in high-profile criminal trials where victims and witnesses turned hostile due to threats. Lawmakers recognized that threatening witnesses undermines the truth-finding process of courts and can lead to grave miscarriages of justice, so they created a specific offence with severe consequences tied directly to the harm caused by the resulting false testimony.
Common misconceptions
- Myth: The threat only counts as a crime if the witness actually lies in court.
Fact: The law punishes the act of threatening itself, with intent to cause false evidence—even if the witness never actually gives false evidence. - Myth: This section only protects the witness themselves from threats.
Fact: The law also covers threats made against people the witness cares about, such as family members.