Threatening any person to give false evidence

What this section does

This section penalises threatening a person with injury to their person, reputation, or property (or that of someone they care about) in order to compel them to give false evidence. Sub-section (2) provides an enhanced punishment where, as a consequence of the threatened false evidence, an innocent person is convicted and sentenced to death or imprisonment exceeding seven years — in that case the threatener faces the same punishment as the innocent person.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Quick reference

Punishment

Sub-section (1): Imprisonment of either description up to seven years, or fine, or both. Sub-section (2): Same punishment and sentence as imposed on the innocent person who was wrongly convicted.

Triable by

Magistrate of First Class (for sub-section (1)); court of competent jurisdiction tracking the sentence under sub-section (2)

Cognizable

Depends

Bailable

Depends

Compoundable

No

Ingredients (what prosecution must prove)

1. The accused threatened another person
2. The threat related to injury to person, reputation, or property of that person or someone in whom they are interested
3. The intent was to cause that person to give false evidence
4. For sub-section (2): an innocent person was actually convicted and sentenced to death or imprisonment for more than seven years as a consequence of the false evidence procured by the threat

Derived from IPC s.195A.