238 BNS

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Introduction of 238 BNS

238 BNS deals with the act of intentionally causing evidence of an offence to disappear or providing false information to shield an offender from legal punishment. This section applies when someone, knowing or believing that an offence has been committed, attempts to help the offender escape justice by either concealing evidence or giving false information.

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The Bharatiya Nyaya Sanhita (BNS) Section 238 replaces the old Indian Penal Code (IPC) Section 201.

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What is BNS Section 238 ?

BNS Section 238 deals with situations where someone, knowing that an offence has been committed, deliberately tries to hide or destroy evidence of that offence or gives false information to protect the offender. The section outlines different punishments based on the seriousness of the offence that the evidence is related to.

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BNS 238 in Simple Points

1. Causing Disappearance of Evidence: This section applies when a person deliberately destroys or hides any evidence of an offence with the intention of protecting the criminal. For example, if a person helps someone hide a weapon used in a crime or cleans up a crime scene to erase evidence, they can be punished under this section.
2. Giving False Information: If a person gives false information about a crime, knowing it is false, with the intention of helping the offender escape punishment, they are guilty under BNS Section 238. For instance, telling the police that the suspect was somewhere else during the time of the crime, despite knowing it’s untrue, is punishable.
3. Punishment Based on Severity of the Offence: The severity of the punishment under BNS 2238 depends on the original crime that is being concealed:
   • If the offence is punishable by death, the person concealing the evidence can face up to 7 years of imprisonment and a fine.
   • If the offence is punishable by life imprisonment or up to 10 years, the person can face up to 3 years of imprisonment and a fine.
   • If the offence is punishable by less than 10 years, the person can face imprisonment for up to one-fourth of the maximum term of that offence, along with a fine.
4. Bailable Offence: Offences under BNS Section 238 are generally bailable. This means that the person accused of hiding evidence or giving false information can be granted bail and does not have to stay in custody until their trial concludes.
5. Cognizable/Non-Cognizable: The classification of the offence as cognizable or non-cognizable depends on the severity of the original crime. For example, if the crime being concealed is a serious crime, the act of hiding the evidence may be treated as cognizable, meaning the police can arrest the person without a warrant. However, for lesser offences, the crime might be non-cognizable.

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Section 238 BNS Overview

BNS Section 238 punishes individuals who knowingly hide or destroy evidence of a crime, or provide false information to protect the person who committed the crime from punishment. The severity of the punishment depends on the nature of the underlying offence, whether it is punishable by death, life imprisonment, or lesser terms of imprisonment.

BNS Section 2238 – 10 Key Points :

1. Disappearance of Evidence: If someone destroys or hides evidence related to a crime, intending to protect the person who committed the crime, they are guilty under this section. For example, helping someone hide a murder weapon or a body to prevent authorities from discovering the crime.
2. False Information to Protect Offender: Providing false information about a crime to mislead the authorities and prevent the criminal from being caught or punished is also covered under this section. For instance, lying to the police about a suspect’s whereabouts to protect them.
3. Punishment for Crimes Punishable by Death: If the crime for which the evidence is concealed is punishable by death (e.g., murder), the person concealing evidence or giving false information can be imprisoned for up to 7 years and fined.
4. Punishment for Crimes Punishable by Life Imprisonment or 10 Years: If the underlying crime is punishable by life imprisonment or up to 10 years (e.g., kidnapping), the person concealing the evidence can be imprisoned for up to 3 years and fined.
5. Punishment for Lesser Crimes: If the crime is punishable by less than 10 years of imprisonment (e.g., theft), the punishment is one-fourth of the maximum term of imprisonment provided for that offence, along with a possible fine. For example, if the crime is punishable by 8 years, the person could face up to 2 years in jail.
6. Bailable Offence: All acts under this section are classified as bailable, which means the accused can be released on bail while awaiting trial.
7. Cognizable and Non-Cognizable: The classification of the offence as cognizable or non-cognizable depends on the underlying crime. For example, if the original offence is cognizable (e.g., a serious crime like murder), then the act of concealing evidence would also be cognizable.
8. Non-Compoundable: Offences under this section are non-compoundable, meaning that the victim cannot agree to drop the charges, and the case must be resolved by a court.
9. Court of Trial: The court responsible for trying the offence depends on the nature of the underlying crime. For serious crimes, such as those punishable by death, the trial will be held in the Court of Session, while lesser crimes may be tried by a Magistrate of the First Class.
10. Intent to Protect the Offender: A key element of this section is the intention to protect the offender from punishment. Simply destroying evidence without this intention would not fall under BNS Section 238.

BNS Section 238 – 2 Examples:

1. Example 1: A knows that B has committed a murder. To help B escape punishment, A hides the murder weapon and cleans the crime scene. A can be charged under BNS Section 238 for causing the disappearance of evidence related to a capital offence.
2. Example 2: X, knowing that Y committed a robbery (punishable by up to 10 years), tells the police that Y was with them during the time of the robbery, even though it is false. X can be punished under this section for providing false information to shield Y.

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BNS 238 Punishment

• For Crimes Punishable by Death: Imprisonment for up to 7 years and a fine.
• For Crimes Punishable by Life Imprisonment or 10 Years: Imprisonment for up to 3 years and a fine.
• For Crimes Punishable by Less Than 10 Years: Imprisonment for one-fourth of the maximum term of the offence, or fine, or both.

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BNS 238 bailable or not ?

Yes, offences under BNS Section 238 are generally bailable, meaning the accused person can apply for bail and may not need to remain in custody while awaiting trial.

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Bharatiya Nyaya Sanhita Section 238

BNS Section	Offence	Punishment	Bailable/Non-Bailable	Cognizable/Non-Cognizable	Trial by
238(a)	Disappearance of evidence or false information for capital offence	Imprisonment for up to 7 years and fine	Bailable	According to the original offence	Court of Session
238(b)	Disappearance of evidence or false information for life imprisonment or 10-year offence	Imprisonment for up to 3 years and fine	Bailable	Non-Cognizable	Magistrate of First Class
238(c)	Disappearance of evidence or false information for lesser offences	Imprisonment for up to one-fourth of the longest term of the offence’s punishment, or fine, or both	Bailable	Non-Cognizable	Court where original offence is triable

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BNS Section 238 FAQs

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