BNSS Section 216: Procedure for Witnesses in Cases of Threatening
Introduction to Witness Protection in the Bharatiya Nagarik Suraksha Sanhita (BNSS)
The foundation of any fair and just legal system rests on the quality and reliability of evidence presented in court. In most criminal cases, this evidence comes from witnesses—individuals who have seen, heard, or know something important about the case. For the court to find the truth, it is essential that these witnesses can give their testimony without fear or pressure.
However, in reality, witnesses are often vulnerable. They may be threatened, intimidated, or harmed by those who want to hide the truth. This is a serious problem that can undermine the entire justice system. To address this, the new Indian criminal laws provide specific protections. The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which outlines the procedures for criminal justice, includes BNSS Section 216. This section provides a direct and clear procedure for witnesses who are threatened, allowing them to seek legal protection and initiate action against the offenders.
This article provides a detailed explanation of BNSS Section 216, its connection to the Bharatiya Nyaya Sanhita (BNS), and the step-by-step procedure that follows when a witness is threatened.
What is BNSS Section 216?
BNSS Section 216 is a procedural law. A procedural law does not define a crime itself; instead, it provides the method or steps to be taken when a crime has been committed. In this case, it provides the procedure for dealing with the specific crime of threatening a witness.
The text of the section makes it clear that its purpose is to empower witnesses and other concerned individuals to take immediate legal action.
The Core Provision Explained
BNSS Section 216 states that a witness or any other person can file a complaint about an offence under Section 232 of the Bharatiya Nyaya Sanhita (BNS), 2023.
Let's break this down:
"A witness...": This refers to any individual who is listed as a witness in a case, who has been summoned to give evidence, or who is expected to testify.
"...or any other person...": This is a very important and broad inclusion. It means that the complaint does not have to be filed only by the witness who is being threatened. It can also be filed by a family member, a friend, a lawyer, or even a police officer who becomes aware of the threat. This ensures that action can be taken even if the witness is too afraid to come forward themselves.
"...may file a complaint...": This is the action. It gives a formal right to approach a court (specifically, a Magistrate) and state that a crime has occurred. A "complaint" in this context is a formal allegation made to a Magistrate that an offence has been committed.
"...in relation to an offence under section 232 of the Bharatiya Nyaya Sanhita, 2023.": This is the most critical part. It links the procedure of BNSS Section 216 to the crime defined in BNS Section 232.
In simple terms, BNSS Section 216 is the "how-to" guide for starting a case when the crime of "threatening a witness" (as defined in BNS Section 232) happens.
The Link Between BNSS Section 216 and BNS Section 232
To fully understand the procedure, one must first understand the crime. The Bharatiya Nyaya Sanhita (BNS), 2023, is the law that defines offences and their punishments. BNSS Section 216 exists to prosecute the crime described in BNS Section 232.
Defining the Offence: What is BNS Section 232?
BNS Section 232 creates a specific criminal offence for interfering with a witness. It generally covers acts of threatening, intimidating, or influencing a witness. The main goal of this section is to punish anyone who tries to stop a witness from giving true evidence.
An offence under BNS Section 232 can happen in several ways:
Threatening a witness before they testify: This is done to prevent the witness from appearing in court at all. For example, telling a witness, "If you testify, your family will be in danger."
Intimidating a witness to give false evidence: This is done to change the testimony. For example, "You must go to court and say you saw nothing, or else we will damage your property."
Harming a witness after they have testified: This is an act of revenge. It is done to punish the witness for giving evidence, which also sends a frightening message to all other potential witnesses in future cases.
The law punishes any of these acts. It is a serious offence because it is a direct attack on the court's ability to deliver justice.
Examples of Acts Covered by BNS Section 232
When a witness files a complaint using the procedure under BNSS Section 216, they are claiming that one of the following acts (or similar acts) has occurred:
Direct Physical Threats: Explicitly telling the witness they will be physically harmed, injured, or killed.
Indirect Threats: Threatening the witness's family, friends, or loved ones.
Property Damage: Threatening to burn down the witness's house, destroy their car, or ruin their business.
Intimidation: This can be non-verbal. For example, following the witness, waiting outside their home, or sending them menacing messages.
Bribery or Inducement: Offering money or other benefits to a witness in exchange for them not testifying or lying in court. This is also a form of improper influence.
If any of these things happen, the witness (or someone on their behalf) can immediately use BNSS Section 216 to start a legal case against the person making the threat.
The Procedural Steps Initiated by BNSS Section 216
So, what actually happens when a person decides to use this section? The procedure follows the standard path for a "private complaint" made to a Magistrate, as outlined in the BNSS.
Step 1: Filing the Complaint
The witness (the "complainant") or any other person must approach the court of a Magistrate who has the authority to hear the case.
Form of Complaint: The complaint can be made orally or in writing. If it is made orally, the Magistrate will have it written down.
Content of Complaint: The complaint must state the facts of the incident. It should include who made the threat, what the threat was, when it happened, and where it happened. Any evidence, such as a threatening letter, an audio recording, or details of other people who saw the incident, should be included.
Step 2: Examination of the Complainant
This is the first and most important step the court takes. The Magistrate will examine the complainant (the person who filed the complaint) on oath.
Purpose of Examination: The Magistrate does this to determine if there is a prima facie case. This means they are checking to see if the complaint, on its face, seems genuine and has enough substance to proceed.
On Oath: The complainant must swear to tell the truth. Lying at this stage is a crime itself.
Witnesses: The Magistrate may also examine any other witnesses the complainant has brought with them.
Step 3: Magistrate's Decision: Issue Process or Order Investigation
After the examination, the Magistrate has a few options based on their judgment.
Dismissal of Complaint: If the Magistrate finds that there is no sufficient ground for proceeding, they can dismiss the complaint. They must record their reasons for doing so.
Order an Investigation: If the Magistrate is unsure or feels the matter needs more evidence, they can postpone making a decision. Instead, they can order the police (or any other person) to conduct an investigation into the complaint. The police will then investigate and submit a report to the Magistrate. This is common if the accused person is not easily identified.
Issue of Process (Taking Cognizance): If the Magistrate is satisfied that there is sufficient ground to proceed, they will "take cognizance" of the offence. This is the formal start of the court case. The Magistrate will then "issue process," which usually means issuing a summons (a formal order) to the accused person, requiring them to appear in court on a specific date to answer the complaint.
From this point, a new criminal case begins against the person who threatened the witness. This case is separate from the original case in which the witness was supposed to testify.
Why is BNSS Section 216 a Crucial Legal Provision?
This section may seem simple, but its existence is vital for strengthening the Indian criminal justice system. Its importance can be understood in three main ways.
1. It Upholds the Integrity of the Trial
A fair trial is impossible if witnesses can be scared into silence or forced to lie. BNSS Section 216 acts as a shield for the witness. It ensures that the evidence presented in court is truthful and given freely. By protecting the witness, the law is protecting the entire trial process and the court's ability to find the truth.
2. It Encourages Witnesses to Come Forward
The single biggest reason people refuse to become witnesses is fear of reprisal. They fear for their safety and the safety of their families. BNSS Section 216 sends a strong message that the legal system is aware of this danger and provides a specific, direct, and immediate remedy. Knowing that they can file a separate criminal case against anyone who threatens them gives witnesses the confidence to participate in the justice process.
3. It Acts as a Strong Deterrent
Before, threatening a witness might have been seen by criminals as a simple tactic. Now, BNS Section 232 makes it a serious, distinct crime, and BNSS Section 216 provides the clear procedure to prosecute it. This acts as a strong deterrent. Potential offenders know that if they try to intimidate a witness, they will not only be defending their original crime but will also face a new criminal charge, with its own trial and potential punishment.
Conclusion: The Role of Section 216 in Strengthening the Rule of Law
BNSS Section 216 is a small but powerful part of the Bharatiya Nagarik Suraksha Sanhita. It is a vital procedural safeguard that gives power back to the most vulnerable and important people in a criminal trial: the witnesses.
By providing a clear path for a witness—or any concerned citizen—to file a complaint against intimidation, the law directly confronts the problem of witness tampering. It ensures that the flow of evidence in a trial remains pure and uncorrupted by fear or force. This provision is more than just a procedure; it is a commitment to a fair trial and a cornerstone for upholding the rule of law, ensuring that justice is not only done but is seen to be done without fear.