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BNS 2024ACTIVE FRAMEWORK

Section 238

Causing Disappearance of Evidence or Giving False Information to Screen Offender

Replaces colonial-era: IPC 201

BailableCognizable: Non-CognizableMagistrate First Class

Reform Highlights

1

Renumbered from IPC 201 to BNS 238.

2

Same three-tier scaling framework preserved.

3

Electronic evidence destruction expressly within scope.

THE STATUTE

The Clause

Whoever, knowing or having reason to believe that an offence has been committed, causes any evidence of the commission of that offence to disappear, with the intention of screening the offender from legal punishment, or with that intention gives any information respecting the offence which he knows or believes to be false, shall, if the offence which he knows or believes to have been committed is punishable with death, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; and if the offence is punishable with imprisonment for life, or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and if the offence is punishable with imprisonment for any term not extending to ten years, shall be punished with imprisonment of the description provided for the offence, for a term which may extend to one-fourth part of the longest term of the imprisonment provided for the offence, or with fine, or with both.

Legal Commentary

Section 238 targets the act of 'screening' an offender — destroying physical evidence or providing false information to protect a criminal from prosecution. The punishment scales proportionally with the gravity of the underlying offence being screened: helping conceal a murderer carries up to 7 years; screening a life imprisonment offender carries up to 3 years; for other offences, the maximum is one-quarter of that offence's maximum. This scaling reflects that the moral gravity of concealment is proportionate to the gravity of the underlying crime. Common applications: washing away bloodstains, destroying CCTV footage, disposing of murder weapons, or providing false alibis to police. The main offender cannot be charged under Section 238 for concealing their own crime — the provision applies to third parties who help the offender evade justice.

Case Simulations

"Washing bloodstains from a floor after an assault to protect the attacker — Section 238."
"Deleting security camera footage to prevent identification of a robbery suspect — Section 238."
"A family member who burns an accused person's clothing containing forensic evidence — Section 238."

Expert Insights

No — Section 238 applies to third parties who help the culprit evade law. The main offender cannot be separately punished under Section 238 for concealing their own tracks.
Yes — knowingly deleting digital evidence with the intention of screening an offender from legal punishment falls within Section 238.