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BNS 2024ACTIVE FRAMEWORK
Section 198
Inducing Person to Give False Evidence
Replaces colonial-era: IPC 195B
Non-BailableCognizable: CognizableMagistrate First Class
Reform Highlights
1
Renumbered from IPC 195A/195B to BNS 198.
2
Both bribery and intimidation of witnesses covered.
3
7-year maximum — reflects the gravity of corrupting judicial testimony.
THE STATUTE
The Clause
Whoever intentionally offers or agrees to offer any gratification to any person as an inducement or reward for giving false evidence or for fabricating false evidence, or threatening any person with 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 description for a term which may extend to seven years, and also be liable to fine.
Legal Commentary
Section 198 protects the integrity of the justice system by targeting both the bribery of witnesses (offering gratification to induce false evidence) and the intimidation of witnesses (threatening them to change or fabricate their testimony). Two modes of inducing false evidence are covered: (1) offering payment or benefits in exchange for false testimony — bribery of witnesses; and (2) threatening a witness with harm to their person, reputation, or property, or harm to those they care about — witness intimidation. Both conduct patterns corrode the justice system's foundation: if testimony can be purchased or coerced, no judicial verdict is trustworthy. The provision is critical in organised crime prosecutions where witness intimidation is endemic, and in high-stakes civil and commercial litigation where witness bribery is a documented problem.
Case Simulations
"Offering a key witness ₹10 lakh to change their testimony in a murder trial — Section 198."
"Threatening a rape survivor that her children will be harmed if she testifies — Section 198."
"Sending anonymous threats to a corporate whistleblower who is set to testify — Section 198."
Expert Insights
Yes — Section 198 specifically criminalises threatening any person with injury to their person, reputation, or property, or harm to anyone they care about, with intent to cause them to give false evidence. This is a non-bailable offence carrying up to 7 years.