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BNS · Section 238 · Chapter XIV — OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE

Causing disappearance of evidence of offence, or giving false information to screen offender

What this section does

This section penalises a person who, knowing or having reason to believe an offence has been committed, causes evidence of that offence to disappear or gives false information about it, with the intention of screening the offender from legal punishment. The punishment is graduated based on the severity of the underlying offence.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Quick reference

Punishment
(a) If the screened offence is punishable with death: imprisonment of either description up to seven years and fine. (b) If the screened offence is punishable with imprisonment for life or up to ten years: imprisonment of either description up to three years and fine. (c) If the screened offence is punishable with imprisonment for a term not exceeding ten years: imprisonment of the description provided for that offence for up to one-fourth of the longest term provided, or fine, or both.
Triable by
Court determined by the punishment applicable based on the underlying offence
Cognizable
Depends
Bailable
Depends
Compoundable
No

Ingredients (what prosecution must prove)

  1. The accused knew or had reason to believe that an offence had been committed
  2. The accused caused evidence of that offence to disappear, or gave false information about the offence
  3. The act was done with the intention of screening the offender from legal punishment

Practitioner note

Punishment is tiered according to the gravity of the offence being screened. The word 'offence' is extended by the Explanation in section 240 to include certain acts committed outside India.

Old-law correspondence

Derived from IPC s.201.

Read the official text

For the binding statutory text of BNS Section 238, refer to the Gazette of India or the India Code official website.

Why this matters

BNS Section 238 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.