State Of Kerala vs P .I. Sunil on 8 November, 2013
16. After going through the First Information Report, it appears
that the offences under Sections 195-A, 294, 506-B and 352 of the Indian
Penal Code are registered. It is well settled that the offence under
Section 195-A of the IPC is attracted only when there is a specific threat
with an intention to compel a person to give false evidence in judicial
proceedings. Here, the case of prosecution is that the non-applicant No.2
was present in the Court to attend the civil litigation, and immediately
after the said incident, the civil proceeding was disposed of. In the case
of the State of Kerala vs. Suni @ Sunil, [(2015) 11 SCC 401], it is
clarified that Section 195-A IPC is a distinct offence dealing with witness
intimidation and is attracted only when the threat is directly linked to
influencing testimony before a Court. A core ingredient of the offence
under Section 195-A IPC is the existence of a specific threat with the
intent to compel a person to give false evidence in a judicial proceeding.
In the absence of any such allegation or material indicating an attempt to
influence testimony in this manner, the essential ingredients of the said
offence are not satisfied. Accordingly, Section 195-A IPC is not attracted
to the facts of the present case.