IPC Section 201 and BNS Section 238: Causing Disappearance of Evidence or Giving False Information
Current law: Section 201 of the Indian Penal Code, 1860 (IPC) has been replaced by Section 238 of the Bharatiya Nyaya Sanhita, 2023 (BNS) with effect from 1 July 2024. IPC Section 201 remains relevant to earlier conduct, subject to the applicable repeal and savings provisions.
Destroying or concealing evidence after an offence, or knowingly providing false information to protect an offender from punishment, can constitute a separate criminal offence. The law requires proof of the specified knowledge and intention; mere suspicion or an innocent mistake is not sufficient by itself.
Meaning and essential ingredients
Section 238 BNS applies where a person knows or has reason to believe an offence has been committed and, with the intention of screening the offender from legal punishment, either causes evidence of that offence to disappear or gives information about the offence that the person knows or believes to be false.
- An offence has been committed.
- The accused knew or had reason to believe it had been committed.
- The accused caused relevant evidence to disappear, or knowingly or believing it false gave information concerning the offence.
- The act was done with the intention of shielding the offender from legal punishment.
Punishment under Section 238 BNS and former Section 201 IPC
| Underlying offence | Maximum punishment for screening offender |
|---|---|
| Punishable with death | Imprisonment of either description up to 7 years and fine. |
| Punishable with imprisonment for life, or imprisonment extending to 10 years | Imprisonment of either description up to 3 years and fine. |
| Punishable with imprisonment for a term not extending to 10 years | Imprisonment of the description provided for the underlying offence up to one-fourth of its longest imprisonment term, or fine, or both. |
The punishment depends on the maximum statutory punishment for the underlying offence, not merely the sentence ultimately imposed in that case.
Statutory illustration explained
A knows that B murdered Z. A helps B hide Z's body intending to protect B from punishment. A's deliberate concealment of evidence attracts liability under this provision and may be punished with imprisonment up to seven years and fine.
Cognizable, bailable and trial court
| Provision | Cognizability | Bail | Court |
|---|---|---|---|
| BNS 238(a): underlying offence punishable with death | Depends on whether underlying offence is cognizable | Bailable | Court of Session |
| BNS 238(b): life imprisonment or up to 10 years | Non-cognizable | Bailable | Magistrate of the first class |
| BNS 238(c): less than 10 years | Non-cognizable | Bailable | Court by which the underlying offence is triable |
These classifications are drawn from the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
Difference between IPC Section 201 and BNS Section 238
The core elements and three-tier punishment structure are substantially retained. The important change is the governing statute: the BNS applies to offences committed from 1 July 2024, while the IPC may continue to govern pre-commencement acts under savings provisions. The procedural law applicable to a particular investigation or proceeding should be assessed separately.
Related offences
Section 239 BNS concerns intentional omission to provide offence information by a person legally bound to inform (formerly IPC Section 202). Section 240 BNS concerns giving false information respecting an offence committed (formerly IPC Section 203). Section 241 BNS concerns destruction of documents or electronic records to prevent their production as evidence (formerly IPC Section 204). Their ingredients differ from the specific intention to screen an offender under Section 238.
Frequently asked questions
Is IPC Section 201 still applicable?
It can remain relevant to conduct occurring before 1 July 2024. For later conduct, refer to BNS Section 238.
Is Section 238 BNS bailable?
Yes. All three entries for Section 238 are classified as bailable in the BNSS First Schedule.
Does hiding evidence automatically prove the offence?
No. The prosecution must establish the relevant knowledge or reason to believe and the intention to screen the offender, along with the prohibited act.
Official legal sources
- National Crime Records Bureau: BNS statutory provisions, including Section 238
- National Crime Records Bureau: BNSS First Schedule and offence classification
- Bureau of Police Research and Development: BNS and IPC correspondence
- India Code: Central legislation
Legal information is general in nature. The precise provision, applicable date and procedure depend on the facts and governing law.