Following actions are possible when a witness is threatened by the opposite party, depending on the facts and circumstances of the case and nature of the threat given:
(1) Firstly, since a witness is being threatened, the chances are that the witness is being threatened to give false evidence, therefore, the offence under Section 195-A of the Indian Penal Code may be made out against the person who gave the threat:
“195-A. 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 description 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.”
(2) Secondly, depending on the nature of the threat given, offence under Section 506 of IPC may be made out against the person giving the threat:
“506. Punishment for criminal intimidation.—Whoever commits the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both;
if threat be to cause death or grievous hurt, etc. and if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or 1[imprisonment for life], or with imprisonment for a term which may extend to seven years, or to impute unchastity to a woman, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.”
In this regard, also see: Section 506 IPC – whether bailable or non-bailable?
(3) If the person giving threat is an accused person who has been released on bail, then application may be made to the court for cancellation of bail, since generally it is one of the conditions that he would not threaten the witnesses.
(4) Protection may be sought for the witness from the court and/or the police.
The answer to your second question would depend on the facts and circumstances of the case. The phone recording of the threat given may definitely be relevant for proving the allegation of threat given to the witness, provided it is recorded properly and there is no likelihood of it having been tempered. Whatever other evidence is available to prove the allegation of threat (including the statement of the witness who has been threatened) should be relevant, also including phone call details.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
.
