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

CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE

Criminal

Summary

This section deals with a person who destroys evidence of a crime or gives false information to protect the offender. The person must know or have reason to believe that an offence has been committed, and must act with the intention of shielding the offender from legal punishment. The two ways of doing this are: causing any evidence of the offence to disappear, or giving information about the offence that the person knows or believes to be false.

Clause (a) of this section covers the situation where the offence that the person knows or believes to have been committed is punishable with death. In that case, the person is punished with imprisonment of either description for a term which may extend to seven years, and is also liable to a fine.

Clause (b) of this section covers the situation where the offence is punishable with imprisonment for life, or with imprisonment which may extend to ten years. In that case, the person is punished with imprisonment of either description for a term which may extend to three years, and is also liable to a fine.

Clause (c) of this section covers the situation where the offence is punishable with imprisonment for any term not extending to ten years. In that case, the person is 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 imprisonment provided for the offence, or with fine, or with both.

The illustration given with this section shows that if 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 a fine.

Official Text

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.

Related Judgments

  • SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
  • SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
  • SC (2025) Vol.3 p.1531 — Supreme Court of India (2025)
  • S.C.R. 711 STATE OF BIHAR AND OTHERS ETC v. ANIL KUMAR AND OTHERS ETC — Supreme Court of India (2017)
  • M/S. CONTINENTAL CONSTRUCTION LTD v. STATE OF U.P. SEPTEMBER 22, 2003 — Supreme Court of India (S)
  • DR. SUBHASH KASHINATH MAHAJAN v. THE STATE OF MAHARASHTRA AND ANR — Supreme Court of India (2018)
  • F-GI V.L. TRESA v. STATE OF KERA LA — Supreme Court of India (2001)
  • S.C.R. 227 ASOKE KUMAR CHAUDHURI AND OTHERS v. KUNAL SAHA AND ANOTHER — Supreme Court of India (2016)

Old <-> New Code Mapping

  • IPC §201 — Causing disappearance of evidence of offence, or giving false information to screen offender