Bharatiya Nyaya Sanhita, 2023
Section 238 BNS: Causing Disappearance of Evidence or Giving False Information to Screen Offender
Section 238 of the Bharatiya Nyaya Sanhita, 2023 punishes a person who, knowing or having reason to believe that an offence has been committed, causes evidence of that offence to disappear with the intention of screening the offender from legal punishment, or gives false information about the offence with that intention.
Section 238 BNS: Statutory Text
Section 238. 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.
The section is aimed at conduct intended to shield an offender from legal punishment after an offence has been committed. Liability depends not only on the act of concealing evidence or giving false information, but also on the required knowledge or reason to believe and the specific intention to screen the offender.
Essential Ingredients of Section 238 BNS
- An offence must have been committed.
- The accused must know or have reason to believe that the offence has been committed.
- The accused must either cause evidence of that offence to disappear or give information respecting the offence which the accused knows or believes to be false.
- The conduct must be accompanied by the intention of screening the offender from legal punishment.
- The punishment depends on the punishment provided for the underlying offence.
Two Forms of Conduct Covered by Section 238
1. Causing Evidence to Disappear
The first form is causing evidence of the commission of an offence to disappear after knowing or having reason to believe that the offence has been committed, with the intention of protecting the offender from legal punishment.
2. Giving False Information to Screen the Offender
The second form is giving information about the offence which the person knows or believes to be false, again with the intention of screening the offender from legal punishment.
Punishment Under Section 238 BNS
| Clause | Underlying offence | Punishment under Section 238 |
|---|---|---|
| 238(a) | Offence punishable with death | Imprisonment of either description up to seven years and fine |
| 238(b) | Offence punishable with imprisonment for life or imprisonment which may extend to ten years | Imprisonment of either description up to three years and fine |
| 238(c) | Offence punishable with imprisonment for a term not extending to ten years | Imprisonment of the description provided for the underlying offence up to one-fourth of its longest term, or fine, or both |
Section 238 BNS: Cognizable, Bailable and Triable By
The BNSS First Schedule gives different procedural classifications for the three clauses:
| Clause | Cognizable / Non-cognizable | Bailable / Non-bailable | Triable by |
|---|---|---|---|
| 238(a) | According as the underlying offence is cognizable or non-cognizable | Bailable | Court of Session |
| 238(b) | Non-cognizable | Bailable | Magistrate of the first class |
| 238(c) | Non-cognizable | Bailable | Court by which the underlying offence is triable |
Section 238 should therefore not be described as having a single cognizability or trial-court classification. The applicable procedural position depends on the clause and, for clause (a), also on the underlying offence.
Statutory Illustration
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.
The illustration demonstrates clause (a): where the underlying offence is punishable with death, intentionally hiding evidence to screen the offender can attract imprisonment up to seven years and fine.
Section 238 and Offences Committed Outside India
The explanation following Section 240 extends the meaning of "offence" for Sections 238, 239 and 240 to specified acts committed outside India which would be punishable in India under the listed BNS provisions. This can be relevant where the underlying conduct occurred outside India but falls within the statutory list.
When Did the Bharatiya Nyaya Sanhita Come Into Force?
The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. It came into force on 1 July 2024, subject to the notified exception relating to Section 106(2). Section 238 therefore forms part of the operative BNS framework from 1 July 2024.
Official Legal Resources
Frequently Asked Questions
What is Section 238 of the BNS?
It punishes causing evidence of an offence to disappear, or giving false information about an offence, where the person knows or has reason to believe that the offence has been committed and acts with the intention of screening the offender from legal punishment.
What is the punishment under Section 238 BNS?
The punishment depends on the seriousness of the underlying offence: up to seven years and fine for an offence punishable with death; up to three years and fine for an offence punishable with life imprisonment or imprisonment up to ten years; and up to one-fourth of the longest term of the underlying offence, or fine, or both, where the underlying offence is punishable with a term not extending to ten years.
Is Section 238 BNS bailable?
Yes. All three classifications under Section 238 are bailable.
Is Section 238 BNS cognizable?
Clause (a) follows the cognizable or non-cognizable status of the underlying offence. Clauses (b) and (c) are non-cognizable.
Which court tries Section 238 BNS?
Clause (a) is triable by the Court of Session; clause (b) by a Magistrate of the first class; and clause (c) by the court competent to try the underlying offence.
Is intention to screen the offender necessary?
Yes. The statutory wording expressly requires the disappearance of evidence or false information to be accompanied by the intention of screening the offender from legal punishment.
This page is intended as a statutory information resource. Case-specific legal consequences may depend on the underlying offence, facts, evidence, procedural stage and other applicable provisions.