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 Gayathri R

Advocate Gayathri R

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Documentation, Domestic Violence, Family, High Court, Insurance, Labour & Service, Landlord & Tenant, Medical Negligence, Motor Accident, Muslim Law, Patent, Property, R.T.I, Recovery, Succession Certificate, Wills Trusts, Revenue

Get Advice
Advocate Surojit Roy

Advocate Surojit Roy

Anticipatory Bail, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Customs & Central Excise, Criminal, Cyber Crime, Divorce, GST, Domestic Violence, Family, High Court, Insurance, Labour & Service, Landlord & Tenant, Motor Accident, Muslim Law, Property, R.T.I, Startup, Succession Certificate, Tax, Wills Trusts, Revenue, Documentation, RERA, Court Marriage

Get Advice
Advocate Aditya Jain

Advocate Aditya Jain

Cheque Bounce, Civil, Consumer Court, Criminal, Revenue

Get Advice
Advocate Praveen Kumar Sharma

Advocate Praveen Kumar Sharma

Civil, Court Marriage, Cyber Crime, Criminal, Divorce, Family, Wills Trusts, Revenue, Muslim Law, Landlord & Tenant, R.T.I, Documentation, Consumer Court, Cheque Bounce, Banking & Finance, Arbitration, Breach of Contract

Get Advice
Advocate Korra Munna

Advocate Korra Munna

Civil, Corporate, Criminal, Divorce, Family

Get Advice
Advocate Imran Khan

Advocate Imran Khan

Criminal, Anticipatory Bail, Breach of Contract, Cheque Bounce, Child Custody, Court Marriage, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Landlord & Tenant, Media and Entertainment, Motor Accident, Muslim Law, Property, R.T.I, Recovery, Wills Trusts

Get Advice
Advocate Chandra Mohan Jha

Advocate Chandra Mohan Jha

Bankruptcy & Insolvency, Breach of Contract, Cheque Bounce, Child Custody, Civil, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Family, High Court, Labour & Service, Motor Accident, Muslim Law, Property, Recovery, Succession Certificate, Trademark & Copyright, Wills Trusts

Get Advice
Advocate Ravi Sankara Reddy P

Advocate Ravi Sankara Reddy P

Anticipatory Bail, Arbitration, Cheque Bounce, Child Custody, Civil, Corporate, Criminal, Cyber Crime, Divorce, GST, Domestic Violence, Family, High Court, Insurance, Labour & Service, Landlord & Tenant, Media and Entertainment, Motor Accident, NCLT, Property, RERA, Recovery, Startup, Tax, Trademark & Copyright, Wills Trusts, Revenue, Banking & Finance, Bankruptcy & Insolvency, Breach of Contract, Supreme Court

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.