IPC Section 195A of the Indian Penal Code (IPC) deals with the offence of threatening any person to give false evidence. This section was introduced to address the issue of witness tampering and to ensure the integrity of the judicial process by protecting witnesses from being coerced into giving false testimony.
Key Points:
- Threatening: Involves threatening any person.
- Intent: The intent must be to induce that person to give false evidence.
- Protection of Witnesses: Aims to safeguard the judicial process by protecting witnesses from intimidation or coercion.
Is IPC Section 195A bailable?
It’s crucial to note that IPC Section 191 is non-bailable. This means that if an individual is accused of giving false evidence under this section, they are not automatically entitled to bail. They would need to make a bail application, and it would be at the discretion of the court to grant it, considering the circumstances of the case.
IPC Section 195A punishment
The punishment for offences under IPC Section 195A is as follows:
- General Punishment: Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of anyone in whom that person is interested, with the 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, and shall also be liable to a fine.
- Aggravated Circumstances: If the threat is to cause death or grievous hurt, the punishment may be more severe, extending to imprisonment for life.
Example of IPC Section 195A
A real-life example of IPC Section 195A would be a situation where a witness in a trial is threatened by an interested party to change their testimony. Suppose person A is set to testify against person B in a criminal trial. Person C, an associate of Person B, threatens to harm Person A or their family unless Person A gives false evidence to exonerate Person B. If it is proven that person C threatened person A with the intent to make them provide false testimony, person C would be charged under IPC Section 195A for threatening a person to give false evidence and would face the prescribed punishment.