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 Section 201 in BNS: Section 238
Causing disappearance of evidence of offence, or giving false information to screen offender
Section 201 of the Indian Penal Code, 1860 (Causing disappearance of evidence of offence, or giving false information to screen offender) corresponds to Section 238 of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024. Under the BNSS First Schedule, BNS 238(a) is according as the offence in relation to which disappearance of evidence is caused is cognizable or non-cognizable, bailable, triable by Court of Session; punishment: Imprisonment for 7 years and fine.
Bail, cognizability and punishment
| Section | Offence | Punishment | Cognizable | Bailable | Triable 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-cognizable | Bailable | Court of Session |
| 238(b) | If punishable with imprisonment for life or imprisonment for 10 years. | Imprisonment for 3 years and fine. | Non-cognizable | Bailable | Magistrate 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-cognizable | Bailable | Court by which the offence is triable |
Source: BNSS, 2023, First Schedule, Part I.
The BNS applies to offences committed on or after 1 July 2024. Offences committed earlier are charged and tried under the IPC.
Text of BNS Section 238
Full BNS Section 238 and every IPC section it replaced →
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