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.
Illustrations
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.
Legal Commentary & Landmark Judgments: Section 238
Section 238 of the BNS, 2023 penalises causing disappearance of evidence of an offence committed, or giving false information respecting the offence, to screen the offender from legal punishment (replacing Section 201 IPC).
In homicides involving disposal of dead bodies or wiping of digital CCTV servers, prosecutors must establish the timeline showing that the accused acted after the crime occurred with knowledge of the homicide. For defence, argue lack of knowledge of the crime's commission.