We studied the male holotype of Cercophonius himalayensis Lourenço, 1996, the sole member of the scorpion family Bothriuridae from India, and concluded that it belongs to a species of the genus Phoniocercus Pocock, 1893, which is endemic to the temperate forests of Patagonia. The presence of a Patagonian genus in India is extremely unlikely; therefore, we consider this to be a case of mislabeling of the specimen, and consequently exclude the scorpion family Bothriuridae from Indian fauna. Cercophonius himalayensis is transferred to the genus Phoniocercus, and formally synonymized with Phoniocercus sanmartini Cekalovic, 1968. A brief illustrated description of the type specimen is made, emphasizing important diagnostic characters and some body parts not previously described, such as the hemispermatophore. We also present a probable explanation for the origin of the material.