(1) 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 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.
(2) If an innocent person is convicted and sentenced in consequence of false evidence referred to in sub-section (1), with death or imprisonment for more than seven years, the person who threatens shall be punished with the same punishment and sentence in the same manner and to the same extent such innocent person is punished and sentenced.
Simplified Explanation
Section 232 of the Bharatiya Nyaya Sanhita, 2023 addresses the criminal offense of threatening someone to provide false evidence in any legal proceeding. The section outlines the punishment for threatening someone to give false evidence, as well as additional punishment if such a threat leads to an innocent person being wrongfully convicted based on the false evidence.
Key Provisions of Section 232
Threatening to Give False Evidence (Sub-section 1)
- Punishment for threatening to provide false evidence:
If a person threatens another with harm to their person, reputation, or property (or to the person or reputation of someone they care about) with the intent to induce that person to give false evidence, the threatener will face the following punishment:- Imprisonment for either description (rigorous or simple) for up to seven years, or
- Fine, or
- Both imprisonment and fine.
Punishment if Innocent Person Convicted (Sub-section 2)
- If the threat leads to wrongful conviction:
If the threat results in an innocent person being convicted based on the false evidence, and that innocent person is sentenced to death or imprisonment for more than seven years, the person who made the threat will be subject to the same punishment as the innocent person.- The person who made the threat will receive the same punishment and sentence as the innocent person, including a death sentence or life imprisonment if applicable.
Explanation and Implications
Criminalizing Threats for False Evidence:
Section 232 takes a strong stance against intimidation or coercion to produce false evidence. It acknowledges that threatening someone to give false evidence not only undermines the justice system but also puts innocent people at grave risk of wrongful conviction.
Severe Penalty for Threats Leading to Wrongful Conviction:
If the threat results in the conviction of an innocent person and that conviction is for a serious offence that carries the death penalty or long-term imprisonment, the person making the threat is treated as if they themselves were responsible for the wrongful conviction. This leads to a severe penalty to deter the manipulation of the justice system.
Protection Against Wrongful Convictions:
This section is designed to protect the integrity of the legal system by ensuring that those who threaten or manipulate others to provide false evidence face substantial consequences, especially if their actions lead to the conviction of innocent people.
Conclusion
Section 232 of the Bharatiya Nyaya Sanhita criminalizes threatening someone to give false evidence, with severe penalties including imprisonment or fine. If such threats lead to an innocent person being convicted and sentenced to death or long-term imprisonment, the person making the threat faces the same punishment as the innocent person. This section aims to deter the use of threats to distort the course of justice and prevent the wrongful conviction of innocent individuals.
