Section 241 BNS: Destruction of Document or Electronic Record to Prevent Its Production as Evidence
Section 241 of the Bharatiya Nyaya Sanhita, 2023 deals with intentionally hiding, destroying, obliterating or making illegible a document or electronic record so that it cannot be produced or used as evidence before a Court or in a lawful proceeding before a public servant.
Text of Section 241 BNS
241. Destruction of document or electronic record to prevent its production as evidence. Whoever secretes or destroys any document or electronic record which he may be lawfully compelled to produce as evidence in a Court or in any proceeding lawfully held before a public servant, as such, or obliterates or renders illegible the whole or any part of such document or electronic record with the intention of preventing the same from being produced or used as evidence before such Court or public servant as aforesaid, or after he shall have been lawfully summoned or required to produce the same for that purpose, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine which may extend to five thousand rupees, or with both.
Meaning and scope of Section 241
The provision protects the administration of justice by penalising deliberate interference with documentary or electronic evidence. It applies not only to physical destruction. The section also covers secreting a record, obliterating it, or rendering the whole or any part of it illegible, where the required intention exists.
The expression electronic record is important in modern proceedings because evidence may exist in digital form, including files, emails, databases, messages, scanned records and other electronically stored material, subject to the applicable law of evidence and proof.
Essential ingredients of the offence
- There must be a document or electronic record.
- The person must be capable of being lawfully compelled to produce it as evidence before a Court or in a proceeding lawfully held before a public servant.
- The person must secrete, destroy, obliterate or render illegible the document or electronic record, wholly or partly, or do so after a lawful summons or requirement to produce it.
- The act must be accompanied by the intention of preventing the record from being produced or used as evidence.
Punishment and procedural classification
| Particular | Position |
|---|---|
| Maximum imprisonment | Up to 3 years |
| Fine | Up to Rs. 5,000 |
| Alternative punishment | Imprisonment, or fine, or both |
| Cognizable or non-cognizable | Non-cognizable |
| Bailable or non-bailable | Bailable |
| Court competent to try | Magistrate of the first class |
When did the BNS come into force?
The Bharatiya Nyaya Sanhita, 2023 was enacted as Act 45 of 2023. Its provisions came into force on July 1, 2024, except the separately deferred provision in Section 106(2). Section 241 is therefore part of the operative BNS framework.
Corresponding provision under the former IPC
Section 241 BNS broadly corresponds to Section 204 of the Indian Penal Code, 1860, which dealt with destruction of a document to prevent its production as evidence. The BNS provision expressly refers to a document or electronic record and prescribes imprisonment which may extend to three years, with fine which may extend to Rs. 5,000, or both.
Practical examples
- Destroying a paper record after receiving a lawful direction to produce it in Court.
- Deleting or corrupting an electronic record with the intention of preventing its use in a lawful proceeding.
- Hiding a record that a person may lawfully be compelled to produce as evidence.
- Making part of a document unreadable so that the relevant evidence cannot be used.
Related BNS provisions
For surrounding offences in the same sequence, see the linked provisions on false personation, fraudulent removal or concealment of property, fraudulent claims, false claims in Court, false charges and harbouring offenders.
- Section 242 - False personation for purpose of act or proceeding in suit or prosecution
- Section 243 - Fraudulent removal or concealment of property to prevent seizure
- Section 244 - Fraudulent claim to property to prevent seizure
- Section 245 - Fraudulently suffering decree for sum not due
- Section 246 - Dishonestly making false claim in Court
- Section 247 - Fraudulently obtaining decree for sum not due
- Section 248 - False charge of offence made with intent to injure
- Section 249 - Harbouring offender
- Section 250 - Taking gift, etc., to screen an offender from punishment
Frequently asked questions
Is Section 241 BNS bailable?
Yes. The offence is classified as bailable.
Is Section 241 BNS cognizable?
No. It is classified as non-cognizable.
Which Court tries an offence under Section 241 BNS?
It is triable by a Magistrate of the first class.
Does Section 241 cover electronic records?
Yes. The statutory language expressly includes an electronic record.
Is intention necessary?
Yes. The section requires the intention of preventing the document or electronic record from being produced or used as evidence, or conduct after a lawful summons or requirement to produce it.
Legal text and procedural classification should always be checked against the latest official legislation and applicable court orders before use in a proceeding.