Answer By law4u team
Bharatiya Nyaya Sanhita, 2023 - Section 238: Causing Disappearance of Evidence of Offence, or Giving False Information to Screen Offender
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.
Brief Detail
BNS Section 238 addresses the offense of causing evidence to disappear or providing false information to shield an offender from punishment. It specifies varying penalties based on the severity of the underlying offence, ensuring that those who attempt to obstruct justice face appropriate consequences.
Question & Answers
Q1: What is the punishment for causing the disappearance of evidence related to a capital offence?
A1: The punishment for causing the disappearance of evidence for a capital offence is imprisonment for up to seven years and a fine.
Q2: What happens if the offence is punishable with life imprisonment?
A2: If the offence is punishable with life imprisonment or up to ten years, the punishment can be up to three years of imprisonment and a fine.
Example
Example Scenario:
If an individual assists a murderer in hiding the evidence of the crime, knowing the nature of the offence, they can be sentenced to imprisonment for a term of up to seven years, along with a fine.
Summary
BNS Section 238 emphasizes the seriousness of obstructing justice by causing the disappearance of evidence or providing false information, laying down specific penalties based on the severity of the offence involved.
