Law4u - Made in India

What Is BNS Section 238?

Answer By law4u team

Bharatiya Nyaya Sanhita, 2023 - Section 238: Causing Disappearance of Evidence of Offence, or Giving False Information to Screen Offender

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.

Brief Detail

BNS Section 238 addresses the offense of causing evidence to disappear or providing false information to shield an offender from punishment. It specifies varying penalties based on the severity of the underlying offence, ensuring that those who attempt to obstruct justice face appropriate consequences.

Question & Answers

Q1: What is the punishment for causing the disappearance of evidence related to a capital offence?

A1: The punishment for causing the disappearance of evidence for a capital offence is imprisonment for up to seven years and a fine.

Q2: What happens if the offence is punishable with life imprisonment?

A2: If the offence is punishable with life imprisonment or up to ten years, the punishment can be up to three years of imprisonment and a fine.

Example

Example Scenario:

If an individual assists a murderer in hiding the evidence of the crime, knowing the nature of the offence, they can be sentenced to imprisonment for a term of up to seven years, along with a fine.

Summary

BNS Section 238 emphasizes the seriousness of obstructing justice by causing the disappearance of evidence or providing false information, laying down specific penalties based on the severity of the offence involved.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Dr. Ravi Ramavath

Advocate Dr. Ravi Ramavath

Anticipatory Bail, Arbitration, Cheque Bounce, Criminal, Divorce, Domestic Violence, Family, High Court, Motor Accident, Cyber Crime

Get Advice
Advocate Bharat Lal Sahu

Advocate Bharat Lal Sahu

Labour & Service, Motor Accident, Consumer Court, Family, Insurance

Get Advice
Advocate Ganesh Chandra Patnaik

Advocate Ganesh Chandra Patnaik

Arbitration,Banking & Finance,Civil,Consumer Court,Documentation,Family,Landlord & Tenant,Property,Court Marriage,Wills Trusts,R.T.I,

Get Advice
Advocate Shivam S. Sharma

Advocate Shivam S. Sharma

Anticipatory Bail, Arbitration, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Insurance, Landlord & Tenant, Medical Negligence, Motor Accident, Patent, R.T.I, Recovery, RERA, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Akash Khurcha

Advocate Akash Khurcha

Anticipatory Bail, Arbitration, Banking & Finance, Cheque Bounce, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Documentation, Domestic Violence, Family, High Court, Labour & Service, Landlord & Tenant, Motor Accident, Property, Recovery, Trademark & Copyright

Get Advice
Advocate Alok Pandey

Advocate Alok Pandey

Divorce, Court Marriage, Domestic Violence, Child Custody, Family

Get Advice
Advocate Nijamuddin

Advocate Nijamuddin

Cheque Bounce, Criminal, Divorce, Domestic Violence, Motor Accident, Muslim Law

Get Advice
Advocate Bhushan Kumar

Advocate Bhushan Kumar

Civil, Criminal, Court Marriage, Divorce, Property

Get Advice

Bharatiya Nyaya Sanhita (BNS) Related Questions

Discover clear and detailed answers to common questions about Bharatiya Nyaya Sanhita (BNS). Learn about procedures and more in straightforward language.