LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


(Guest)

Threatening witness

If a witness is threatened on the phone by opposition may i know which law is applicable ?



Learning

 7 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     09 August 2012

There is no specific witness protection legislation in India, however S.195A of the IPC is applicable.

 

Indian Penal Code (IPC)

 

Section 195A. Threatening any person to give false evidence

 

1[195A. 2[Threatening any person to give false evidence].— Whoever threatens another with any injury to his person, reputation or property or to the person or reputation of any one in whom that person is interested, with intent to cause that person to give false evidence shall be punished with imprisonment of either descripttion for a term which may extend to seven years, or with fine, or with both;

 

and if innocent person is convicted and sentenced in consequence of such false evidence, 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.]

 

 

CLASSIFICATION OF OFFENCE

 

Para I

 

Punishment—Imprisonment for 7 years or fine or both—Cognizable—Non-bailable—Triable by Court by which offence of giving false evidence is triable—Non-compoundable.

 

Para II

 

Punishment—Same as for the offence for which the false evidence was given—Cognizable—Non-bail­able—Triable by Court by which offence of giving false evidence is triable—Non-compoundable


(Guest)

Thank you sir


(Guest)

Complaint to Police as well as Court, Court and police both will provide you protection.

To protect the witness is duty to police under cr.pc.


(Guest)

Gr8 Prajapati sir.......

Amit (NA)     10 August 2012

What proof is needed to complain? Is the phone recording sufficient?

Manoj Choudhary (Advocate)     10 August 2012

I would like to add to the suggestion of my Ld. friends:-

IF the person is accused in any case(In which you are witness) Approach to the concerned court to 'cancel the bail bond' as it is the first clause to get bail that the accused will not try to threat any witness during bail


(Guest)

Sir in my case witness is from my side and opponents have filed a case on me, all of a sudden when they found out that one person is going to appear from my end and that person is relative of that opponent then these people went to threaten them. Now i have strong proof to prove enough the intentions of these people.........


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query