BBanaka

BNS Section 238: Causing disappearance of evidence of an offence, or giving false information to screen an offender

Bharatiya Nyaya Sanhita, 2023 · Chapter 14: Of False Evidence and Offences Against Public Justice

Also available in: हिंदी

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.

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.

Study: explanations and related material

Replaces IPC 201. IPC → BNS converterSource: BPR&D BNS–IPC corresponding section table (UP Police, 2024-06-28)

Punishment, bail and trial

238(a)Causing disappearance of evidence of an offence committed, or giving false information touching it to screen the offender, if a capital offence.

Punishment
Imprisonment for 7 years and fine.
Cognizable or not
According as the offence in relation to which disappearance of evidence is caused is cognizable or non-cognizable
Bailable or not
Bailable
Triable by
Court of Session

238(b)If punishable with imprisonment for life or imprisonment for 10 years.

Punishment
Imprisonment for 3 years and fine.
Cognizable or not
Non‑cognizable
Bailable or not
Bailable
Triable by
Magistrate of the first class

238(c)If punishable with less than 10 years' imprisonment.

Punishment
Imprisonment for one-fourth of the longest term provided for the offence, or fine, or both.
Cognizable or not
Non‑cognizable
Bailable or not
Bailable
Triable by
Court by which the offence is triable

Source: BNSS First Schedule, Gazette of India, 25 December 2023, p. 175. The Schedule gives the substance of the section, not its full definition, and a State may have amended the classification for its territory. See it in the full First Schedule

Official reference: Ministry of Home Affairs: Gazette text, 25 December 2023 — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-07-01.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately.

This text is for reference, not legal advice. Consult the official source for the authoritative text.

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