Section 198 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023

Section 198 – Bharatiya Sakshya Adhiniyam (BSA), 2023

Protection of Witnesses from Threats, Intimidation, or Harassment

Section 198 is designed to safeguard witnesses involved in judicial proceedings or investigations. Its main objectives are:

Encourage witnesses to provide truthful testimony without fear.

Prevent obstruction of justice through harassment or intimidation.

Strengthen the integrity of legal proceedings and investigations.

This section applies to anyone who:

Threatens, intimidates, or coerces a witness to influence testimony or prevent attendance in court.

Harasses or otherwise interferes with a witness in connection with a judicial proceeding or investigation.

Acts with knowledge that the witness is involved in a proceeding or investigation.

Forms of interference include:

Verbal threats

Physical intimidation or assault

Offering bribes or inducements to alter testimony

Threatening family members or property of the witness

To establish liability under Section 198, the following elements must exist:

Witness Involvement: The individual targeted must be a witness in a judicial proceeding or investigation.

Act of Threat, Intimidation, or Harassment: Any attempt to prevent, influence, or coerce the witness.

Knowledge/Intent: The accused must know that their act is intended to influence or obstruct witness testimony.

Imprisonment: Up to 3 years.

Fine: Monetary penalty for the act.

Both: Imprisonment and fine in cases of severe threats or harassment.

Additional consequences:

Witness protection measures may be applied by the court.

Enhanced penalties if the act endangers the safety of the witness or their family.

Example 1:
A person threatens a witness not to testify in a theft case.
➡ Punishable under Section 198.

Example 2:
An accused arranges to intimidate a witness by following or harassing them.
➡ Punishable under Section 198.

Example 3:
Family members of a witness are threatened to coerce the witness into giving false testimony.
➡ Punishable under Section 198.

Intent is essential: Accidental interactions do not amount to offences.

Applies to direct and indirect acts: Includes threats to the witness or their family/property.

Scope: Covers all stages of judicial proceedings and investigations where witness testimony is required.

Preventive and protective: Courts may also order protective measures for threatened witnesses.

Ensures witnesses can participate safely in judicial proceedings.

Protects the integrity of evidence and the justice system.

Acts as a deterrent against witness intimidation, which can undermine trials.

Aspect	Details
Offence	Threatening, intimidating, or harassing a witness
Who is liable	Any individual aware of witness involvement in judicial proceedings
Elements	Witness involvement, act of threat/intimidation/harassment, intent/knowledge
Punishment	Imprisonment up to 3 years, fine, or both
Examples	Threats to testify, harassment, coercion through family/property
Purpose	Protect witnesses, maintain integrity of proceedings, deter obstruction of justice