Bharatiya Nyaya Sanhita, 2023
BNS Section 238
Causing disappearance of evidence of offence, or giving false information to screen offender
In one line
BNS Section 238 deals with causing disappearance of evidence of offence, or giving false information to screen offender and replaces IPC 201.
Punishment, bail and court
| 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: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.
Bare act text — BNS 238
238. Causing disappearance of evidence of offence, or giving false information to screen offender.
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.
What changed from the IPC
- IPC 201 → BNS 238: Clauses named as (a), (b), (c) sans heading.
Frequently asked
What was BNS Section 238 in the IPC?
BNS Section 238 (Causing disappearance of evidence of offence, or giving false information to screen offender) replaces Section 201 of the Indian Penal Code, 1860. IPC 201 is now BNS 238.
What is the punishment under BNS 238(a)?
Causing disappearance of evidence of an offence committed, or giving false information touching it to screen the offender, if a capital offence – punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is according as the offence in relation to which disappearance of evidence is caused is cognizable or non-cognizable and bailable, triable by court of Session.
What is the punishment under BNS 238(b)?
If punishable with imprisonment for life or imprisonment for 10 years – punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is non-cognizable and bailable, triable by magistrate of the first class.
What is the punishment under BNS 238(c)?
If punishable with less than 10 years' imprisonment – punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is non-cognizable and bailable, triable by court by which the offence is triable.
Is BNS 238 bailable?
Bailable: BNS 238(a), 238(b), 238(c). Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.
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Nearby BNS sections
- BNS 233 — Using evidence known to be false
- BNS 234 — Issuing or signing false certificate
- BNS 235 — Using as true a certificate known to be false
- BNS 236 — False statement made in declaration which is by law receivable as evidence
- BNS 237 — Using as true such declaration knowing it to be false
- BNS 239 — Intentional omission to give information of offence by person bound to inform
- BNS 240 — Giving false information respecting an offence committed
- BNS 241 — Destruction of document or electronic record to prevent its production as evidence
- BNS 242 — False personation for purpose of act or proceeding in suit or prosecution
- BNS 243 — Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution