Introduction of 241 BNS
Bharatiya Nyaya Sanhita (BNS) Section 241 criminalises the act of intentionally destroying, hiding, or altering documents or electronic records that a person is legally required to produce as evidence in court or before a public servant.
The purpose of this law is to protect the integrity of judicial proceedings and ensure that no individual can tamper with or conceal crucial evidence. Whether it is a physical document like contracts and deeds, or digital evidence such as emails, text messages, or files, this section ensures that all relevant records remain available for fair trial and justice.
The Bharatiya Nyaya Sanhita (BNS) Section 241 replaces the old Indian Penal Code (IPC) Section 204.
What is BNS Section 241 ?
BNS Section 241 makes it an offence to intentionally destroy, hide, or alter any document or electronic record that a person is required by law to present as evidence in court or before a public servant. The section also applies if a person has been lawfully summoned to produce such documents or records and deliberately hides or destroys them to prevent their use as evidence. The punishment for this offence includes imprisonment for up to three years, a fine, or both.
Under Section 241 of the bns act 2023
“Whoever intentionally destroys, conceals, alters, or renders illegible any document or electronic record which they are legally bound to produce as evidence in court or before a public servant, shall be punished with imprisonment for a term which may extend to three years, or with fine which may extend to five thousand rupees, or with both.”
1. Meaning of “Destroying a Document or Electronic Record”
- This section covers both physical and digital evidence.
- A person commits the offence if they intentionally destroy, hide, or alter a record that they are legally bound to produce.
- Even making part of a record unreadable or deleting digital files is covered.
- The key element is intention — accidental loss or damage is not an offence.
2. Who is Covered?
This section applies to:
- Individuals in court cases who are required to produce contracts, deeds, or other records.
- Employees or officials asked to submit records during investigation.
- Anyone summoned by a court or public servant to provide documents or electronic records.
3. Nature of the Offence
- Non-Cognizable → Police cannot arrest without magistrate’s approval.
- Bailable → The accused has the right to bail.
- Non-Compoundable → Cannot be settled privately; trial is mandatory.
- Triable by Magistrate of the First Class → Case heard in a lower court with authority for such offences.
4. Examples of BNS Section 241
- Example 1 – Destroying a Contract
A businessman summoned to court in a fraud case tears up the contract that proves his liability. → Punishable under Section 241. - Example 2 – Deleting Digital Evidence
An employee facing investigation deletes company emails showing his involvement in embezzlement. → Covered by this section. - Example 3 – Not an Offence
A person accidentally misplaces a document without any intention to hide or destroy it. → Not punishable under Section 241.
5. Punishment under BNS Section 241
- Imprisonment → Up to 3 years.
- Fine → Up to ₹5,000.
- Both → In serious cases, the court may impose imprisonment and fine together.
6. Importance of BNS Section 241
- Protects the integrity of judicial proceedings.
- Prevents tampering with evidence, whether physical or electronic.
- Safeguards the fair trial rights of all parties.
- Ensures that truth is not hidden by unlawful destruction of documents.
Section 241 BNS Overview
BNS Section 241 criminalizes the act of destroying or hiding documents or electronic records that are lawfully required to be presented as evidence in court or before a public servant. This section is intended to prevent tampering with evidence, ensuring that all relevant information can be used in legal proceedings. The punishment for this offence includes imprisonment for up to three years, a fine of ₹5,000, or both.
10 Key Points Explained in Detail:
- Prevention of Evidence Destruction:
- Explanation: This section is designed to prevent individuals from deliberately destroying or hiding documents or electronic records to stop them from being used in legal cases.
- Example: A person who knows that a document can be used as evidence hides it in order to prevent it from being produced in court.
- Applies to Both Physical and Digital Records:
- Explanation: The law does not limit itself to physical documents but also includes electronic records like emails, text messages, or digital files. Both types of records are crucial for legal proceedings.
- Example: Deleting an important email or wiping out a phone’s memory to prevent it from being used as evidence falls under this section.
- Intentional Act:
- Explanation: The destruction or hiding of the document must be intentional. If a person unintentionally loses or damages a document, they are not liable under this law.
- Example: Accidentally losing a file is not a violation, but hiding a file intentionally to prevent its use as evidence is illegal.
- Legal Obligation to Produce Documents:
- Explanation: The document or record in question must be something that the person is legally obligated to produce. This could happen if a person is summoned by a court or a public servant to produce the document for a legal purpose.
- Example: A bank statement required in court for a fraud investigation cannot be destroyed or hidden by the accused.
- Punishment Under Section 241:
- Explanation: Anyone found guilty under this section can face imprisonment for up to three years, a fine of ₹5,000, or both. The court will decide the exact punishment based on the severity of the act.
- Example: A person who hides or destroys evidence can be jailed for three years, or be fined ₹5,000, or both.
- Offence is Non-Cognizable:
- Explanation: This offence is non-cognizable, meaning the police cannot arrest the person without a court order or warrant. The accused is not immediately arrested but can be summoned for investigation.
- Example: If someone is accused of destroying evidence, the police will first need approval from the magistrate to arrest the accused.
- Bailable Offence:
- Explanation: Since it is a bailable offence, a person charged under this section can apply for bail. This means they can be released from police custody while the case is pending.
- Example: If a person is caught destroying evidence, they can apply for bail, and the court may release them on certain conditions.
- Triable by Magistrate of First Class:
- Explanation: Cases under BNS Section 241 are tried by a Magistrate of the First Class, a lower court that handles such offences.
- Example: If someone is charged under this section, their case will be heard in a first-class magistrate’s court.
- Includes Obliterating or Rendering Illegible Documents:
- Explanation: The law also covers cases where a person obliterates (removes or wipes out) or makes part of a document illegible to prevent it from being used as evidence. This means any action taken to tamper with the document falls under this section.
- Example: If someone scratches out text from a document or erases an important part of an email, they can be charged under this section.
- Important for Fair Trials:
- Explanation: This section helps maintain the integrity of legal proceedings. By ensuring that documents and evidence are not tampered with, it makes sure that justice is served fairly.
- Example: If important evidence, such as a will in a property dispute, is destroyed, it could influence the outcome of the trial. This section helps prevent that.
Two Simple Examples of BNS Section 241:
- Example 1:
A company employee is summoned by a court to present financial records in a fraud investigation. Knowing that these records can prove the company’s guilt, the employee deletes the files from the company’s computer. This act of destroying evidence makes them liable under Section 241. - Example 2:
A person involved in a property dispute hides an important deed to prevent it from being used as evidence in court. If this act of hiding the document is done intentionally to avoid legal consequences, it is punishable under Section 241.
BNS 241 Punishment
- Imprisonment: The accused can be sentenced to imprisonment for up to three years.
- Fine: The fine can extend to five thousand rupees.
- Both: The court may impose both imprisonment and fine depending on the severity of the case.
BNS 241 bailable or not ?
BNS Section 241 is bailable. This means that if someone is arrested under this section, they can apply for bail, and the court may release them while they await trial.
Comparison — BNS Section 241 vs IPC Section 204
| Section | What it Means | Punishment | Bailable? | Cognizable? | Trial By |
|---|---|---|---|---|---|
| BNS Section 241 | Criminalises intentionally destroying, concealing, altering or rendering illegible any document or electronic record which a person is legally bound to produce as evidence in court or before a public servant. | Imprisonment up to 3 years, or fine up to ₹5,000, or both. | Bailable | Non-cognizable | Magistrate of First Class |
| IPC Section 204 (Old) | Punished anyone who destroys, mutilates, or conceals a document required to be produced as evidence, with the intention of preventing its use in any inquiry, trial or other proceeding. | Imprisonment up to 3 years, or fine, or both (same maximum penalty). | Bailable | Non-cognizable | Magistrate of First Class |
| Key Difference: BNS 241 modernises IPC 204 by explicitly including electronic records and digital evidence (emails, files, messages) alongside physical documents, reflecting contemporary evidence types while retaining the core punishment and procedural classifications. | |||||
BNS Section 241 FAQs
What is BNS Section 241 about?
It deals with the destruction or hiding of documents or electronic records that are required to be presented as evidence in a court or before a public servant.
What is the punishment for destroying evidence under BNS Section 241?
The punishment can include imprisonment for up to three years, a fine of up to ₹5,000, or both.
Is this BNS 241 offence bailable?
Yes, this offence is bailable, meaning a person arrested under this section can apply for bail.
What type of records are covered under this BNS 241 section?
Both physical documents and electronic records are covered under this section.
Who can be punished under this BNS 241 Section?
Anyone who intentionally destroys, hides, or alters a document or electronic record to prevent its use as evidence, especially if summoned by law, can be punished under this section.
Which court tries offences under BNS Section 241?
This offence is triable by a Magistrate of the First Class.
Conclusion
BNS Section 241 is a critical safeguard against tampering with evidence. By punishing those who deliberately destroy or hide documents or electronic records, it ensures that courts and public authorities can rely on authentic and complete evidence. The provision covers both physical and digital records, making it relevant in today’s digital era.
With punishments extending up to three years’ imprisonment, a fine of ₹5,000, or both, the law sends a strong message: evidence belongs to justice, not to the individual who holds it. This section ultimately reinforces fair trials, transparency, and the rule of law by preserving the credibility of judicial proceedings.
Need Legal Support?
If you are dealing with court cases, marriage problems, or any other legal issue, our team at Marriage Solution – Lawyer Help is here for you. Simply fill out our quick online enquiry form, and we’ll connect you with the right legal expert to support your needs.
Finished with BNS 241 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
- 242 BNS : False personation for purpose of act or proceeding in suit or prosecution.
- https://marriagesolution.in/bns_section/242-bns/
- 243 BNS : Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution.
- https://marriagesolution.in/bns_section/243-bns/
- BNS 244 : Fraudulent claim to property to prevent its seizure as forfeited or in execution.
- https://marriagesolution.in/bns_section/bns-244/
- 245 BNS : Fraudulently suffering decree for sum not due.
- https://marriagesolution.in/bns_section/245-bns/
- 246 BNS : Dishonestly making false claim in Court.
- https://marriagesolution.in/bns_section/246-bns/
Full IPC Section List: https://marriagesolution.in/ipc-section-list
All Indian Law & Blogs: https://marriagesolution.in/indian-law/
Full BNSS Section List: https://marriagesolution.in/bnss_section-list