BNS Section 238: Causing Disappearance Of Evidence Of Offence, Or Giving False Information To Screen Offender

Definition of BNS Section 238

Section 238 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:

“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.”

Explanation and Illustration of BNS Section 238

This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It deals with the offence of disrupting evidence of crime. Let us break down the section to get a better understanding of it.

Offence

This section deals with disrupting evidence with the intent of covering up a crime.

It specifically lists two acts of disruption:

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