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BNS Section 238: Causing disappearance of evidence of offence, or giving false information to screen offender

Section 238 of the Bharatiya Nyaya Sanhita, 2023 deals with causing disappearance of evidence of offence, or giving false information to screen offender. It replaces IPC 201 of the Indian Penal Code, 1860. Under the BNSS First Schedule, it depends on the sub-section: 238(a) is according as the offence in relation to which disappearance of evidence is caused is cognizable or non-cognizable and bailable; 238(b) is non-cognizable and bailable; 238(c) is non-cognizable and bailable.

Bail, cognizability and punishment

SectionOffencePunishmentCognizableBailableTriable by
238(a)Causing disappearance of evidence of an offence committed, or giving false information touching it to screen the offender, if a capital offence.Imprisonment for 7 years and fine.According as the offence in relation to which disappearance of evidence is caused is cognizable or non-cognizableBailableCourt of Session
238(b)If punishable with imprisonment for life or imprisonment for 10 years.Imprisonment for 3 years and fine.Non-cognizableBailableMagistrate of the first class
238(c)If punishable with less than 10 years' imprisonment.Imprisonment for one-fourth of the longest term provided for the offence, or fine, or both.Non-cognizableBailableCourt by which the offence is triable

Source: BNSS, 2023, First Schedule, Part I.

Text of BNS Section 238

238. 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,—

(a) 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;

(b) if the offence is punishable with imprisonment for life, or with imprisonment which may extend to ten years, be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine;

(c) if the offence is punishable with imprisonment for any term not extending to ten years, 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.

Illustration.

A, knowing that B has murdered Z, assists B to hide the body with the intention of screening B from punishment. A is liable to imprisonment of either description for seven years, and also to fine.

IPC sections replaced

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