Section 216 of BNSS, 2023 — Procedure for Witnesses in Case of Threatening, etc.

Introduction

Section 216 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) provides a specific procedural remedy where a witness or any other person faces conduct amounting to an offence under Section 232 of the Bharatiya Nyaya Sanhita, 2023 (BNS).

The provision allows a witness or any other person to file a complaint in relation to such an offence.

Section 216 is therefore intended to provide a direct legal mechanism for addressing threats or related conduct directed towards witnesses or other persons in connection with criminal proceedings.

Statutory Provision

Section 216 states:

“A witness or any other person may file a complaint in relation to an offence under section 232 of the Bharatiya Nyaya Sanhita, 2023.”

The provision is concise and specifically identifies who may file the complaint and the offence to which the provision relates.

Meaning of Section 216

Section 216 establishes that the right to initiate a complaint regarding an offence under Section 232 of the BNS is not restricted only to the person who is directly threatened as a witness.

It expressly permits:

• A witness to file a complaint.
• Any other person to file a complaint.

The provision therefore gives a broad standing to initiate a complaint concerning the offence covered by Section 232 BNS.

Object and Purpose

The primary purpose of Section 216 is to provide procedural protection against conduct intended to influence, intimidate or threaten persons connected with criminal proceedings.

Witnesses play an important role in the administration of criminal justice. Threatening or intimidating a witness can affect the fairness of proceedings and interfere with the proper administration of justice.

Section 216 provides a mechanism through which such conduct can be brought before the criminal justice system through a complaint.

Offence Covered

Section 216 specifically refers to an offence under Section 232 of the Bharatiya Nyaya Sanhita, 2023.

Section 232 BNS deals with threatening or inducing a person to give false evidence.

The provision therefore connects the procedural remedy under BNSS with the substantive offence prescribed under BNS.

Who Can File a Complaint?

Witness

A witness who is subjected to conduct covered by Section 232 BNS may file a complaint.

The provision therefore directly protects persons who participate in judicial proceedings as witnesses.

Any Other Person

The provision is not restricted to witnesses.

It expressly provides that any other person may also file a complaint in relation to an offence under Section 232 BNS.

This makes the scope of the provision broader than a provision that would permit only the threatened witness to initiate proceedings.

Nature of the Complaint

The complaint under Section 216 concerns an offence under Section 232 BNS.

Once a complaint is filed, the applicable provisions governing complaints before Magistrates and criminal proceedings under the BNSS become relevant.

Section 216 itself does not prescribe a separate detailed trial procedure. Its primary function is to establish who may initiate the complaint.

Procedure

The basic procedure can be understood as follows:

1. Conduct amounting to an offence under Section 232 BNS occurs.
2. The conduct concerns threatening or inducing a person in relation to giving false evidence.
3. The witness or any other person may file a complaint.
4. The complaint is dealt with according to the applicable provisions of the BNSS.
5. The competent Magistrate may proceed in accordance with the law governing complaints and cognizance.

Importance for Witness Protection

Witnesses are essential to the criminal justice process because their testimony may assist the Court in determining the truth of the allegations.

Threats or inducements directed towards witnesses can undermine the reliability of evidence and interfere with the administration of justice.

Section 216 provides a procedural avenue for bringing such conduct before the criminal justice system.

Section 216 and Section 232 BNS

The two provisions should be read together.

Section 232 BNS

Section 232 BNS defines and penalises the substantive offence concerning threatening or inducing a person in relation to giving false evidence.

Section 216 BNSS

Section 216 BNSS provides the procedural mechanism by stating that a witness or any other person may file a complaint regarding an offence under Section 232 BNS.

Thus:

BNS Section 232 = Substantive offence

BNSS Section 216 = Procedural mechanism for filing a complaint

Important Distinctions

Section 216 BNSS vs Section 215 BNSS

Section 215 imposes restrictions on cognizance of specified offences involving public servants, public justice and documents given in evidence.

Section 216 specifically deals with the ability of a witness or any other person to file a complaint concerning an offence under Section 232 BNS.

Section 216 BNSS vs Section 232 BNSS

These are completely different provisions.

• Section 216 BNSS: Procedure for witnesses in case of threatening, etc.
• Section 232 BNSS: Commitment of a case to the Court of Session when the offence is triable exclusively by it.

The offence referred to in Section 216 is Section 232 of BNS, not Section 232 of BNSS.

Complaint vs Conviction

Filing a complaint does not establish that the accused has committed the offence.

The complaint merely initiates the applicable legal process. Guilt must ultimately be determined through the prescribed criminal proceedings.

BNSS and CrPC

Section 216 of BNSS corresponds to Section 195A of the Code of Criminal Procedure, 1973.

The basic principle remains unchanged.

The earlier Section 195A CrPC also provided that a witness or any other person could file a complaint concerning the corresponding offence of threatening or inducing a person in relation to giving false evidence.

Under the new criminal law framework, the corresponding substantive offence is located in Section 232 of the BNS, while the procedural provision is Section 216 of the BNSS.

Relationship with Section 210 BNSS

Section 210 generally deals with cognizance of offences by Magistrates.

Section 216 specifically identifies who may file a complaint concerning an offence under Section 232 BNS.

Once such a complaint is filed, the applicable provisions governing cognizance and complaint proceedings under the BNSS become relevant.

Relationship with Complaint Proceedings

Section 216 should be read along with the provisions dealing with complaints to Magistrates.

After a complaint is filed, the Magistrate must follow the applicable procedural requirements before proceeding further.

The provision therefore operates as an entry point into the ordinary complaint procedure.

Example

Suppose a person is a witness in a criminal proceeding.

The accused or another person threatens the witness with the intention of causing the witness to give false evidence.

Such conduct may fall within Section 232 BNS.

Under Section 216 BNSS, the witness may file a complaint concerning the offence.

Importantly, the provision also allows any other person to file such a complaint.

Common Confusions

Can only the threatened witness file the complaint?

No.

Section 216 expressly provides that a witness or any other person may file a complaint.

Does Section 216 itself create the offence?

No.

The substantive offence is provided under Section 232 BNS. Section 216 BNSS provides the procedural mechanism for filing a complaint.

Does filing a complaint mean the accused is automatically guilty?

No.

A complaint only initiates the legal process. Guilt must be established through the applicable criminal proceedings.

Does Section 216 apply to every threat made to a witness?

No.

The provision specifically concerns a complaint relating to an offence under Section 232 BNS.

Is Section 216 the same as Section 232 BNSS?

No.

Section 216 BNSS refers to Section 232 of the BNS, whereas Section 232 of the BNSS deals with commitment of cases to the Court of Session.

Key Features

• It is a procedural provision.
• It concerns offences under Section 232 BNS.
• A witness may file a complaint.
• Any other person may also file a complaint.
• It provides a mechanism for addressing threatening or inducing conduct connected with false evidence.
• It supports the protection of the integrity of judicial proceedings.
• It corresponds to Section 195A CrPC.

Topic at a Glance

• Topic: Procedure for witnesses in case of threatening, etc.
• BNSS Section: Section 216
• Relevant substantive provision: Section 232 BNS
• Who may file complaint: A witness or any other person
• Nature: Procedural provision
• Purpose: Provides a complaint mechanism for conduct covered by Section 232 BNS
• CrPC counterpart: Section 195A CrPC
• Key principle: Complaint is not restricted to the threatened witness

Quick Revision

• Section 216 BNSS deals with the procedure for witnesses in cases involving threatening, etc.
• A witness or any other person may file a complaint.
• The complaint must relate to an offence under Section 232 BNS.
• Section 232 BNS concerns threatening or inducing a person in relation to giving false evidence.
• Section 216 is procedural; Section 232 BNS contains the substantive offence.
• Filing a complaint does not establish guilt.
• The provision supports the integrity of criminal proceedings.
• Section 216 BNSS corresponds to Section 195A CrPC.
• Do not confuse Section 232 BNS with Section 232 BNSS.

ALSO READ: Section 215 – Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence

Conclusion

Section 216 of BNSS provides a straightforward procedural mechanism for addressing offences under Section 232 of the BNS. It expressly permits both a witness and any other person to file a complaint concerning such an offence. By allowing complaints to be initiated when conduct threatens or induces a person in connection with giving false evidence, the provision supports the protection of witnesses and the proper administration of criminal justice.