BNS Section 238 – Causing disappearance of evidence of offence, or giving false information to screen offender
The Indian Penal Code (IPC) Section – 201
Understanding BNS-238: Causing Disappearance of Evidence or Giving False Information to Screen Offender
Helping an offender by destroying evidence or providing false information is a serious crime. BNS-238 is a legal provision that penalizes individuals who engage in such actions to protect someone from legal punishment. Let’s break this down in simple terms.
What is BNS-238?
BNS-238 is a law that punishes individuals who:
- Cause the disappearance of evidence of an offense, or
- Provide false information about an offense,
with the intent to protect the offender from legal punishment. The punishment varies depending on the severity of the original offense.
Key Elements of BNS-238
To understand this law, let’s look at its main components:
| Element | Description |
|---|---|
| Knowledge of Offense | The person must know or have reason to believe that an offense has been committed. |
| Disappearance of Evidence | The person must intentionally cause evidence of the offense to disappear. |
| False Information | The person must provide false information about the offense to protect the offender. |
| Intent to Screen Offender | The actions must be done with the intention of protecting the offender from legal punishment. |
Types of Offenses and Punishments
BNS-238 covers three scenarios with different penalties based on the severity of the original offense:
Clause (a): Offense Punishable with Death
| Punishment | Details |
|---|---|
| Imprisonment | Up to 7 years. |
| Fine | A monetary penalty may be imposed. |
Clause (b): Offense Punishable with Life Imprisonment or Imprisonment up to 10 Years
| Punishment | Details |
|---|---|
| Imprisonment | Up to 3 years. |
| Fine | A monetary penalty may be imposed. |
Clause (c): Offense Punishable with Imprisonment Less Than 10 Years
| Punishment | Details |
|---|---|
| Imprisonment | Up to one-fourth of the maximum imprisonment term for the original offense. |
| Fine | A monetary penalty may be imposed. |
| Both | The court may order both imprisonment and a fine. |
Legal Procedure for BNS-238
Here’s how the legal process works for this offense:
| Aspect | Details |
|---|---|
| Cognizable or Non-cognizable | Depends on whether the original offense is cognizable or non-cognizable. |
| Bailable or Non-bailable | Bailable (the accused can seek bail). |
| Court Jurisdiction | The case is tried by a Court of Session (for capital offenses) or a Magistrate of the first class (for other offenses). |
Why is BNS-238 Important?
This law is crucial for the following reasons:
- Ensures Justice: It prevents individuals from obstructing justice by destroying evidence or providing false information.
- Deters Crime: It discourages people from helping offenders evade punishment.
- Protects Legal Processes: It safeguards the integrity of legal proceedings by penalizing actions that interfere with evidence.
Key Takeaways
- BNS-238 applies to individuals who cause the disappearance of evidence or provide false information to protect an offender.
- The punishment depends on the severity of the original offense:
- For capital offenses: Up to 7 years imprisonment and a fine.
- For offenses punishable with life imprisonment or up to 10 years: Up to 3 years imprisonment and a fine.
- For offenses punishable with less than 10 years: Up to one-fourth of the maximum imprisonment term and/or a fine.
- The case is bailable and tried by a Court of Session or a Magistrate of the first class, depending on the original offense.
Example Scenario
Let’s take an example to understand this better:
- Case (Clause a): A person helps a murderer hide the body to protect them from punishment.
- Outcome: The person can face up to 7 years imprisonment and a fine.
- Case (Clause b): A person provides false information to protect someone who committed an offense punishable with life imprisonment.
- Outcome: The person can face up to 3 years imprisonment and a fine.
- Case (Clause c): A person destroys evidence to protect someone who committed an offense punishable with 5 years imprisonment.
- Outcome: The person can face up to 1.25 years (one-fourth of 5 years) imprisonment and/or a fine.
Final Thoughts
BNS-238 is an important law that ensures justice is served by penalizing those who help offenders evade punishment. If you ever come across someone destroying evidence or providing false information to protect an offender, remember that the law is there to address such misconduct.
