Introduction of 241 BNS
241 BNS deals with the act of destroying or hiding a document or electronic record that a person is legally required to produce as evidence in court or before a public servant. The purpose of this law is to prevent the tampering or hiding of evidence that could affect the outcome of legal proceedings. If someone intentionally destroys or hides such documents, they may face imprisonment or fines.
The Bharatiya Nyaya Sanhita (BNS) Section 241 replaces the old Indian Penal Code (IPC) Section 204.
- Introduction of 241 BNS
- What is BNS Section 241 ?
- BNS 241 in Simple Points
- Section 241 BNS Overview
- BNS 241 Punishment
- BNS 241 bailable or not ?
- Bharatiya Nyaya Sanhita Section 241
- BNS Section 241 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
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.
BNS 241 in Simple Points
- Secreting or Destroying Documents to Prevent Evidence:
- If a person hides or destroys a document or electronic record with the intention of preventing it from being used as evidence in court or in front of a public servant, it is considered an offence under this section.
- Example: A person who hides a key document in a case where they are being questioned is committing an offence.
- Applies to Both Physical and Electronic Records:
- BNS Section 241 does not limit its scope to only paper documents but includes electronic records, such as emails, text messages, or any other digital files that may be used as evidence.
- Example: Deleting important emails or files that could be relevant to a case, with the intention of preventing them from being used as evidence, is covered under this section.
- Offence Committed After Legal Summons:
- The law applies even after someone has been legally summoned to produce a document or record for a legal proceeding. If the person destroys or alters the document after receiving the summons, they are still liable under this section.
- Example: After being summoned by the court to present a contract, a person tears it up or deletes it to prevent it from being presented.
- Punishment under BNS Section 241:
- The punishment for this offence includes imprisonment for up to three years, a fine of up to five thousand rupees, or both. The seriousness of the offence determines the exact penalty.
- Example: A person who intentionally destroys a crucial document could face up to three years in prison or a fine, depending on the court’s decision.
- Classification of the Offence:
- This offence is classified as non-cognizable, meaning the police cannot arrest the accused without a warrant. It is also bailable, which means the accused can apply for bail. This offence is triable by a Magistrate of the first class, which means it will be heard in a lower court.
- Example: If someone is caught destroying evidence, the police will need approval from a magistrate before arresting the person, and the case will be heard in a lower court.
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.
Bharatiya Nyaya Sanhita Section 241
BNS Section | Offence | Punishment | Bailable/Non-Bailable | Cognizable/Non-Cognizable | Trial by |
---|---|---|---|---|---|
BNS 241 | Destruction or secret keeping of document or electronic record to prevent its production as evidence | Imprisonment up to 3 years or fine up to ₹5,000 or both | Bailable | Non-Cognizable | Magistrate of the First Class |
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.
If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
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