Bharatiya Nyaya Sanhita 2023
Section 238 :
Causing disappearance of evidence of offence, or giving false information to screen offender :
(See section 201 of IPC 1860)
Section : 238 (a)
Classification of Offence:
Offence : Causing disappearance of evidence of an offence committed, or giving false information touching it to screen the offender, if a capital offence.
Punishment : Imprisonment for 7 years and fine.
Cognizable or Non-cognizable : According as the offence in relation to which disappearance of evidence is caused is cognizable or non- cognizable.
Bailable or Non-bailable : Bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Court of Session.
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Section : 238 (b)
Classification of Offence:
Offence : If punishable with imprisonment for life or imprisonment for 10 years.
Punishment : Imprisonment for 3 years and fine.
Cognizable or Non-cognizable : Non-cognizable
Bailable or Non-bailable : Bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Magistrate of the first class.
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Section : 238 (c)
Classification of Offence:
Offence : If punishable with less than 10 year’s imprisonment.
Punishment : Imprisonment for a one-fourth of the longest term provided for the offence, or fine, or both.
Cognizable or Non-cognizable : Non-cognizable
Bailable or Non-bailable : Bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Court by which the offence is triable.
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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.
Indian Penal Code 1860 (IPC 1860)
Section 201 :
Causing disappearance of evidence of offence, or giving false information to screen offender:
(See section 238 of BNS 2023)
Classification of Offence:
Offence: Causing disappearance of evidence of an offence committed, or giving false information touching it to screen the offender, if a capital offence.
Punishment :Imprisonment for 7 year and fine.
Cognizable or Non-cognizable :According as the offence in relation to which disappearance of evidence is caused is
Bailable or Non-bailable :Bailable.
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Court of Session
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Offence: If punishable with imprisonment for life or imprisonment for 10 years.
Punishment :Imprisonment for 3 years and fine.
Cognizable or Non-cognizable :Non-cognizable
Bailable or Non-bailable :Bailable.
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Magistrate of the first class
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Offence: If punishable with less than 10 years’ imprisonment.
Punishment :Imprisonment for a quarter of the longest term provided for the offence, or fine or both.
Cognizable or Non-cognizable :Non-cognizable
Bailable or Non-bailable :Bailable.
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Court by which offence is triable
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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.
if a capital offence. – shall, if the offence which he knows or believes to have been committed is punishable with death, he punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;
if punishable with imprisonment for life. – and if the offence is punishable with 1.[imprisonment for life], or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine ;
if punishable with less than ten years imprisonment. – and if the offence is punishable with imprisonment for any term not extending to ten years, shall 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.
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1. Added by Act 3 of 1894, s. 6.