195A IPC: Threatening False Evidence in India – Legal Definition and Penalties

1. Code:

Section 195A of the Indian Penal Code (IPC) deals with the offense of threatening to give or produce false evidence.

2. Explanation:

This section makes it an offense to threaten a person with the intention of inducing them to give or produce false evidence in a judicial proceeding. The threat can be of any nature, including physical harm, financial loss, or social ostracization. It is important to note that the threat must be made with the intention to induce the person to give false evidence. Mere words of abuse or intimidation will not constitute an offense under this section.

3. Illustration:

A is a witness in a criminal trial. B, the accused in the trial, threatens A that if A does not give false evidence in B’s favor, B will harm A’s family. This is an example of an offense under Section 195A of the IPC.

4. Common Questions & Answers:

Q: What are the penalties for violating Section 195A?

A: The offense under Section 195A is punishable with imprisonment for a term which may extend to two years, or with fine, or with both.

Q: Does the threat have to be explicit to constitute an offense?

A: No, the threat can be implied as well. If the words or actions of a person are such that they would lead a reasonable person to believe that they are being threatened, it would constitute an offense.

Q: Does the offense apply only to witnesses?

A: No, it can also apply to anyone who is being threatened to give or produce false evidence, including judges, lawyers, and other court officials.

Q: What are the elements of the offense?

A: To establish an offense under Section 195A, the prosecution must prove that:

• • There was a threat to give or produce false evidence.
  • The threat was made with the intention of inducing the person to give or produce false evidence.
  • The threat was made in relation to a judicial proceeding.