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KembaraXtra - Bharatiya Nyaya Sanhita - Section 232: Threatening Any Person to Give False Evidence
Introduction
Section 232 of the Bharatiya Nyaya Sanhita, 2023 (BNS) punishes a person who threatens another with injury in order to compel that person to give false evidence.
The provision targets pressure, intimidation, or coercion directed at a person with the specific intention of causing false evidence to be given.
It also creates a much more serious consequence where the threatened false evidence leads to the conviction and severe sentencing of an innocent person.
The core structure is:
THREAT OF INJURY + INTENT TO CAUSE FALSE EVIDENCE = SECTION 232(1)
and, where the false evidence causes an innocent person to receive a very serious sentence:
FALSE EVIDENCE + INNOCENT PERSON CONVICTED + DEATH / MORE THAN 7 YEARS = SAME PUNISHMENT FOR THREATENER UNDER SECTION 232(2)
Q1. What does Section 232 punish?
Answer:
Section 232 punishes a person who threatens another with injury to:
- His person;
- His reputation;
- His property;
- The person of someone in whom he is interested; or
- The reputation of someone in whom he is interested,
with the intention of causing that person to give false evidence.
Q2. What is the object of Section 232?
Answer:
The object is to protect the integrity of evidence by preventing witnesses or other persons from being coerced into giving false evidence.
The provision aims to ensure that evidence is not manufactured through fear.
Core Principle
NO PERSON MAY USE THREATS TO FORCE ANOTHER TO GIVE FALSE EVIDENCE
Q3. Which IPC provision corresponds to Section 232 BNS?
Answer:
According to the supplied comments:
Section 232 BNS = Section 195A IPC
Q4. Has Section 232 changed under the BNS?
Answer:
According to the supplied comments:
- The language remains unchanged; but
- The provision has been rearranged into sub-sections.
Thus, the supplied material indicates a structural rather than substantive change.
Q5. How many sub-sections does Section 232 contain?
Answer:
There are two sub-sections:
- Section 232(1) — threatening a person with injury with intent to cause false evidence;
- Section 232(2) — enhanced consequence where an innocent person is convicted and severely sentenced because of such false evidence.
Q6. What are the essential ingredients of Section 232(1)?
Answer:
The essential ingredients are:
- The accused threatens another person;
- The threat concerns a legally recognised kind of injury;
- The threat is made with intent;
- The specific intent is to cause the threatened person to give false evidence.
Formula
THREAT + SPECIFIED INJURY + INTENT + FALSE EVIDENCE = SECTION 232(1)
Q7. What forms of injury are covered?
Answer:
The threat may relate to injury to:
- The threatened person’s person;
- His reputation;
- His property;
- The person of someone in whom he is interested;
- The reputation of someone in whom he is interested.
Q8. Is injury to property of an interested person expressly included?
Answer:
No.
The wording supplied specifically includes:
- Person or reputation of someone in whom the threatened person is interested.
For the threatened person himself, the section includes:
- Person;
- Reputation;
- Property.
This distinction should be remembered carefully.
Q9. What is meant by threat to the person?
Answer:
It refers to a threat of bodily or physical injury to the person threatened, or to the person of someone in whom he is interested.
Q10. What is meant by threat to reputation?
Answer:
It refers to a threat of harm to reputation.
This may relate to:
- The threatened person’s reputation; or
- The reputation of another person in whom he is interested.
Q11. What is meant by threat to property?
Answer:
The section expressly covers a threat of injury to the property of the person being threatened.
Q12. Must the threat be directed only at the person who is supposed to give false evidence?
Answer:
The threat is made to that person, but the threatened injury may concern either:
- That person himself; or
- Another person in whom he is interested.
Thus, pressure may be applied indirectly through threats against a person close to him.
Q13. Must the threat actually be carried out?
Answer:
No.
Section 232(1) focuses on the making of the threat with the required intent.
The threatened injury need not actually occur.
Q14. Must the person actually give false evidence under Section 232(1)?
Answer:
The text of Section 232(1) focuses on:
INTENT TO CAUSE THAT PERSON TO GIVE FALSE EVIDENCE
Therefore, the making of the threat with that intent is central.
Actual successful giving of false evidence is not expressly stated as necessary for liability under sub-section (1).
Q15. Why is specific intent important?
Answer:
Because not every threat falls under Section 232.
The threat must be made:
WITH INTENT TO CAUSE THAT PERSON TO GIVE FALSE EVIDENCE
A threat for some unrelated purpose would not fall within this section merely because it is a threat.
Q16. Is general intimidation enough?
Answer:
No.
The prosecution must connect the threat with the specific purpose of causing false evidence to be given.
Q17. Is knowledge alone enough?
Answer:
No.
Section 232(1) expressly requires:
INTENT
to cause false evidence.
Q18. Is negligence relevant?
Answer:
No.
This is not a negligence-based offence.
The mental element is intentional.
Q19. Is dishonest intention expressly required?
Answer:
No.
The required intent is narrower and more specific:
INTENT TO CAUSE FALSE EVIDENCE
Q20. Is fraudulent intention expressly required?
Answer:
No.
The statutory focus is the threat and its intended evidentiary consequence.
Q21. Is malicious intention expressly required?
Answer:
No.
The section does not separately require malice.
Q22. Give a simple example of Section 232(1).
Answer:
A tells B:
“If you do not falsely testify that C was present at the scene, I will injure you.”
If A makes this threat intending to cause B to give false evidence, Section 232(1) may apply.
Q23. Give an example involving reputation.
Answer:
A threatens to publicly damage B’s reputation unless B gives false evidence in a proceeding.
If the threat is made with the required intent, Section 232(1) may apply.
Q24. Give an example involving another person.
Answer:
A tells B:
“If you do not give false evidence against C, I will injure your brother.”
If B is interested in his brother and A intends thereby to cause B to give false evidence, the provision may apply.
Q25. Give an example involving property.
Answer:
A threatens to destroy B’s property unless B gives false evidence.
That threat may fall within Section 232(1).
Q26. What is the punishment under Section 232(1)?
Answer:
The offender may be punished with:
IMPRISONMENT OF EITHER DESCRIPTION UP TO 7 YEARS
or
FINE
or
BOTH
Q27. Is there a minimum sentence under Section 232(1)?
Answer:
No minimum sentence is stated in the supplied provision.
The imprisonment may extend up to seven years.
Q28. What does “either description” mean here?
Answer:
It means the imprisonment may be of either legally recognised description permitted by the provision.
For examination purposes, the key point is:
UP TO 7 YEARS
Q29. What is the classification of Section 232(1)?
Answer:
According to the supplied classification:
- Cognizable
- Non-Bailable
- Triable by the Court by which the offence of giving false evidence is triable
Q30. Is Section 232(1) cognizable?
Answer:
Yes.
COGNIZABLE
Q31. Is Section 232(1) bailable?
Answer:
No.
NON-BAILABLE
Q32. Which Court tries Section 232(1)?
Answer:
According to the supplied classification:
THE COURT BY WHICH THE OFFENCE OF GIVING FALSE EVIDENCE IS TRIABLE
Q33. What does Section 232(2) deal with?
Answer:
Section 232(2) deals with a much more serious consequence.
It applies where:
- False evidence of the kind contemplated in sub-section (1) is given;
- An innocent person is convicted because of that false evidence;
- The innocent person is sentenced either:
- To death; or
- To imprisonment for more than seven years.
Q34. What additional result is required under Section 232(2)?
Answer:
There must be:
CONVICTION OF AN INNOCENT PERSON
and
A SPECIFIED SERIOUS SENTENCE
in consequence of the false evidence.
Q35. Must the innocent person merely be prosecuted?
Answer:
No.
Sub-section (2) requires that the innocent person be:
CONVICTED AND SENTENCED
Q36. What sentences trigger Section 232(2)?
Answer:
The innocent person must be sentenced to:
- Death; or
- Imprisonment for more than seven years.
Q37. Is exactly seven years enough for Section 232(2)?
Answer:
On the wording supplied:
NO
The provision says:
“MORE THAN SEVEN YEARS”
Therefore, exactly seven years does not fall within that limb.
Q38. What if the innocent person is sentenced to eight years?
Answer:
That satisfies the “more than seven years” requirement, assuming all other ingredients are established.
Q39. What if the innocent person is sentenced to five years?
Answer:
Section 232(2), as supplied, would not apply because the sentence is not:
- Death; or
- More than seven years.
Sub-section (1) may still remain relevant to the threatening conduct.
Q40. Must the conviction be caused by the false evidence?
Answer:
Yes.
The provision uses the words:
“IN CONSEQUENCE OF FALSE EVIDENCE”
There must therefore be the required causal connection.
Q41. What is the punishment under Section 232(2)?
Answer:
The person who threatened is to be punished:
WITH THE SAME PUNISHMENT AND SENTENCE
IN THE SAME MANNER
AND TO THE SAME EXTENT
as the innocent person was punished and sentenced.
Q42. Why is Section 232(2) especially severe?
Answer:
Because the punishment mirrors the grave consequence suffered by the innocent person.
If false evidence procured through threats causes an innocent person to receive an extremely severe sentence, the person responsible for the threat faces a corresponding punishment.
Q43. What happens if the innocent person is sentenced to death?
Answer:
According to the supplied wording, the person who made the threat is punishable with:
THE SAME PUNISHMENT AND SENTENCE
to the same extent.
Q44. What happens if the innocent person is sentenced to more than seven years’ imprisonment?
Answer:
The threatener is punishable with the same punishment and sentence, in the same manner and to the same extent, as the innocent person.
Q45. Does Section 232(2) create a fixed maximum of seven years?
Answer:
No.
The seven-year maximum belongs to Section 232(1).
Under Section 232(2), the punishment tracks the sentence imposed on the innocent person where the statutory conditions are met.
Q46. What is the classification of Section 232(2)?
Answer:
According to the supplied classification:
- Cognizable
- Non-Bailable
- Triable by the Court by which the offence of giving false evidence is triable
Q47. Is Section 232(2) cognizable?
Answer:
Yes.
COGNIZABLE
Q48. Is Section 232(2) bailable?
Answer:
No.
NON-BAILABLE
Q49. What is the main difference between Sections 232(1) and 232(2)?
Answer:
Section 232(1)
Focuses on:
THE THREAT ITSELF
with intent to cause false evidence.
Punishment:
UP TO 7 YEARS / FINE / BOTH
Section 232(2)
Focuses on:
THE GRAVE CONSEQUENCE OF THE FALSE EVIDENCE
where an innocent person is convicted and sentenced to death or more than seven years.
Punishment:
SAME AS THE INNOCENT PERSON’S SENTENCE
Q50. What is the easiest memory formula for the two sub-sections?
Answer:
232(1) = THREAT TO CREATE FALSE EVIDENCE
232(2) = FALSE EVIDENCE CAUSES GRAVE WRONGFUL CONVICTION
Q51. Must the person threatened be an accused person?
Answer:
No such limitation appears in the supplied wording.
The section refers generally to:
“ANOTHER”
and seeks to prevent that person from being compelled to give false evidence.
Q52. Must the threatened person be a witness already?
Answer:
The supplied wording does not expressly require that the person must already have entered the witness box or formally become a witness.
The central requirement is the intention to cause that person to give false evidence.
Q53. Must judicial proceedings already have begun?
Answer:
The supplied text does not expressly impose such a requirement.
The key question is whether the threat is made with intent to cause false evidence to be given.
Q54. Is actual false evidence required for Section 232(1)?
Answer:
No express requirement of completed false evidence appears in sub-section (1).
The offence focuses on:
THREAT + INTENT
Q55. Is actual false evidence required for Section 232(2)?
Answer:
Yes.
Sub-section (2) expressly refers to the false evidence mentioned in sub-section (1), and the innocent person’s conviction and sentence must occur in consequence of it.
Q56. Can Section 232(2) apply if the threatened person refuses to give false evidence?
Answer:
No, because the required consequential false evidence and wrongful conviction would be absent.
However, the threat may still fall under Section 232(1).
Q57. Can Section 232(1) apply even if the plan fails completely?
Answer:
Yes, provided the threat was made with the required intent.
The threatened person need not actually comply.
Q58. Is proof of actual fear expressly required?
Answer:
The supplied wording focuses on the accused making a threat with the specified intent.
It does not separately state that the person threatened must actually become frightened.
Q59. Must the threat succeed in influencing the person?
Answer:
Not for sub-section (1).
The section focuses on the threat and the intention behind it.
Q60. What is the easiest examination checklist for Section 232(1)?
Answer:
Ask:
- Was there a threat?
- Was the threatened injury to:
- Person;
- Reputation;
- Property; or
- Person/reputation of someone in whom the victim was interested?
- Was the threat made intentionally?
- Was the purpose to cause false evidence?
If yes, Section 232(1) becomes relevant.
Q61. What is the examination checklist for Section 232(2)?
Answer:
Ask:
- Was false evidence given as contemplated by Section 232(1)?
- Was an innocent person convicted because of that false evidence?
- Was that person sentenced to:
- Death; or
- More than seven years’ imprisonment?
- If yes, the threatener faces the same punishment and sentence.
Q62. What are the key words to remember?
Answer:
THREAT
INJURY
INTENT
FALSE EVIDENCE
INNOCENT CONVICTION
MIRRORED PUNISHMENT
Key Provisions (Study Notes)
1. Act
The prohibited conduct is:
THREATENING ANOTHER PERSON
2. Threatened Injury
The threat may concern:
PERSON
REPUTATION
PROPERTY
or, in relation to another person in whom the victim is interested:
PERSON OR REPUTATION
3. Specific Intent
The accused must act:
WITH INTENT TO CAUSE FALSE EVIDENCE
This is the central mens rea.
4. Actual Compliance Not Necessary for Section 232(1)
The threatened person need not actually give false evidence for the basic threatening offence to arise.
5. Consequential Liability Under Section 232(2)
If the false evidence leads to:
AN INNOCENT PERSON’S CONVICTION
and sentence of:
DEATH
or
MORE THAN 7 YEARS
the threatener faces corresponding punishment.
Essential Ingredients — Section 232(1)
THREAT TO ANOTHER
+
INJURY TO PERSON / REPUTATION / PROPERTY OR PERSON/REPUTATION OF INTERESTED PERSON
+
INTENT TO CAUSE FALSE EVIDENCE
= SECTION 232(1)
Essential Ingredients — Section 232(2)
FALSE EVIDENCE ARISING FROM THE THREAT
+
INNOCENT PERSON CONVICTED
+
CONVICTION CAUSED BY THAT FALSE EVIDENCE
+
DEATH OR MORE THAN 7 YEARS’ IMPRISONMENT
= SECTION 232(2)
Punishment Notes
Section 232(1)
UP TO 7 YEARS
or
FINE
or
BOTH
Section 232(2)
SAME PUNISHMENT AND SENTENCE AS THE INNOCENT PERSON
in the same manner and to the same extent.
Classification Notes
For both sub-sections, according to the supplied classification:
COGNIZABLE
NON-BAILABLE
COURT WHICH TRIES THE OFFENCE OF GIVING FALSE EVIDENCE
IPC Equivalent and BNS Position
According to the supplied comments:
Section 232 BNS = Section 195A IPC
The language remains unchanged, but the provision has been rearranged into sub-sections.
Section 232 vs Section 233
Section 232
THREATEN PERSON TO CAUSE FALSE EVIDENCE
The wrongdoing occurs at the stage of coercing someone to create false evidence.
Section 233
USE FALSE OR FABRICATED EVIDENCE
The wrongdoing occurs at the stage of corruptly using or attempting to use evidence already known to be false or fabricated.
Memory
232 = THREAT
233 = USE
Section 232 vs Sections 234–237
The sequence becomes especially easy to remember:
232 = THREAT PERSON TO GIVE FALSE EVIDENCE
233 = USE FALSE EVIDENCE
234 = ISSUE FALSE CERTIFICATE
235 = USE FALSE CERTIFICATE
236 = MAKE FALSE DECLARATION
237 = USE FALSE DECLARATION
This creates a clear false-evidence progression.
Quick Revision Notes
Section
232 BNS
Title
Threatening any person to give false evidence
IPC Equivalent
Section 195A IPC
Section 232(1) Act
Threaten another with specified injury.
Mens Rea
Intent to cause that person to give false evidence.
Threatened Interests
Person / reputation / property of threatened person; person / reputation of someone in whom he is interested.
232(1) Punishment
Up to 7 years / fine / both.
232(2) Trigger
Innocent person convicted due to false evidence and sentenced to death or imprisonment for more than 7 years.
232(2) Punishment
Same punishment and sentence as innocent person.
Classification
Cognizable + Non-Bailable + Court competent to try giving false evidence
BNS Change
Rearranged into sub-sections; no substantive language change stated.
Exam Traps
Trap 1 — Treating every threat as Section 232
Incorrect.
The threat must be made:
WITH INTENT TO CAUSE FALSE EVIDENCE
Trap 2 — Forgetting reputation and property
The threat is not limited to bodily injury.
It can concern:
PERSON + REPUTATION + PROPERTY
Trap 3 — Forgetting threats against an interested person
The threat can concern the:
PERSON OR REPUTATION
of someone in whom the threatened person is interested.
Trap 4 — Adding property of the interested third person
Be careful.
The supplied wording mentions:
PERSON OR REPUTATION
of that interested person, not property.
Trap 5 — Requiring the false evidence actually to be given under Section 232(1)
Incorrect.
The basic offence focuses on threat plus intent.
Trap 6 — Requiring the threat actually to be carried out
Incorrect.
The injury need not occur.
Trap 7 — Forgetting causation under Section 232(2)
The innocent person’s conviction must occur:
IN CONSEQUENCE OF THE FALSE EVIDENCE
Trap 8 — Treating exactly seven years as enough for Section 232(2)
Incorrect.
The text says:
MORE THAN SEVEN YEARS
Trap 9 — Applying Section 232(2) merely because someone was acquitted after a false allegation
Incorrect.
The provision requires:
INNOCENT PERSON CONVICTED AND SENTENCED
with the specified serious punishment.
Trap 10 — Confusing ordinary punishment with consequential punishment
Remember:
232(1) = UP TO 7 YEARS
232(2) = SAME SENTENCE AS INNOCENT PERSON
Trap 11 — Thinking the offence is bailable
Incorrect.
According to the supplied classification:
NON-BAILABLE
Rapid Revision Chain: Sections 232–248
232 = THREAT FOR FALSE EVIDENCE
233 = USE FALSE EVIDENCE
234 = ISSUE FALSE CERTIFICATE
235 = USE FALSE CERTIFICATE
236 = MAKE FALSE DECLARATION
237 = USE FALSE DECLARATION
238 = SCREEN OFFENDER
239 = OMIT INFORMATION
240 = GIVE FALSE INFORMATION
241 = DESTROY EVIDENCE
242 = FALSE PERSONATION
243 = HIDE PROPERTY
244 = FALSE PROPERTY CLAIM
245 = SUFFER FALSE DECREE
246 = FALSE COURT CLAIM
247 = OBTAIN FALSE DECREE
248 = FALSE CRIMINAL CHARGE
Best Memory Sequence
232 = THREAT
233 = USE EVIDENCE
234 = ISSUE CERTIFICATE
235 = USE CERTIFICATE
236 = MAKE DECLARATION
237 = USE DECLARATION
238 = SCREEN
239 = SILENCE
240 = LIE
241 = DESTROY
242 = PERSONATE
243 = REMOVE
244 = FALSE PROPERTY CLAIM
245 = SUFFER
246 = FALSE COURT CLAIM
247 = OBTAIN
248 = ACCUSE
Ultimate Memory Formula
Section 232(1)
THREAT
+
INJURY TO PERSON / REPUTATION / PROPERTY
+
INTENT TO CAUSE FALSE EVIDENCE
= UP TO 7 YEARS / FINE / BOTH
Section 232(2)
FALSE EVIDENCE
+
INNOCENT PERSON CONVICTED
+
DEATH OR MORE THAN 7 YEARS
= SAME PUNISHMENT AND SENTENCE FOR THREATENER
Key Takeaway
Section 232 BNS protects the truthfulness of evidence by criminalising threats used to compel another person to give false evidence.
The basic offence under Section 232(1) is:
THREAT + SPECIFIED INJURY + INTENT TO CAUSE FALSE EVIDENCE
and is punishable with:
UP TO 7 YEARS / FINE / BOTH
Section 232(2) becomes relevant where the false evidence causes an innocent person to be convicted and sentenced to:
DEATH
or
MORE THAN 7 YEARS’ IMPRISONMENT
In that case, the threatener receives:
THE SAME PUNISHMENT AND SENTENCE
According to the supplied comments:
Section 232 BNS = Section 195A IPC
and the provision has been rearranged into sub-sections without a stated substantive change.
Final Memory Line
“232 = THREAT A PERSON TO GIVE FALSE EVIDENCE; IF AN INNOCENT PERSON SUFFERS A GRAVE SENTENCE BECAUSE OF IT, THE THREATENER SUFFERS THE SAME.”
