Section 241 BNS: Secreting or Destroying Document to Prevent Its Production as Evidence (Formerly Section 204 IPC)

Section 241 of Bharatiya Nyaya Sanhita: Secreting or Destroying Document to Prevent Its Production as Evidence

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

Whoever secretes or destroys any document or electronic record which he may be lawfully compelled to produce as evidence in a Court or in any proceeding lawfully held before a public servant, as such, or obliterates or renders illegible the whole or any part of such document or electronic record with the intention of preventing the same from being produced or used as evidence before such Court or public servant as aforesaid, or after he shall have been lawfully summoned or required to produce the same for that purpose, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine which may extend to five thousand rupees, or with both.

Legal Commentary & Landmark Judgments: Section 241

Section 241 penalises secreting or destroying any document or electronic record to prevent its production as evidence before a court or public servant.

Document or Electronic Record: Physical paper, digital file, hard drive, ledger, or electronic database.
Act of Destruction: Secreting, destroying, deleting, formatting, or rendering illegible.
Intent to Defeat Evidence: Done with intent to prevent its production or lawful requisition as evidence in court.

Key Landmark Precedents:

J. Jayalalitha v. State of Tamil Nadu (2017) 11 SCC 718: The Supreme Court observed that shredding, formatting digital records, or hiding financial ledgers under investigation constitutes deliberate destruction of evidence.
State of M.P. v. Sheetla Sahai (2009) 8 SCC 617: Emphasised that deletion of government files and tender records to obstruct vigilance inquiry attracts severe penal sanctions.

Courtroom Practice & Strategic Litigation Guidance:

In cyber and corporate crime, file forensic logs showing deliberate command execution (e.g., CCleaner, wiping software, shredding contracts) to prove Section 241.

Section 241: Secreting or Destroying Document to Prevent Its Production as Evidence

Section 241 of Bharatiya Nyaya Sanhita: Secreting or Destroying Document to Prevent Its Production as Evidence

Legal Commentary & Landmark Judgments: Section 241