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

Bharatiya Nyaya Sanhita, 2023

Section 238 BNS at a Glance

Section 238 BNS deals with causing disappearance of evidence of offence, or giving false information to screen offender. It is bailable; it replaced Section 201 IPC on 1 July 2024.

Punishment

Where the offence concealed is punishable with death, imprisonment of either description for up to seven years. Where it is punishable with imprisonment for life or up to ten years, imprisonment of either description for up to three years. Where it is punishable with imprisonment for any term not extending to ten years, imprisonment of the description provided for that offence, for up to one-fourth of its longest term.

Bailable ⓘCognizance depends on the case ⓘNon-Compoundable ⓘ🏛️ Court of Session where the offence concealed is punishable with death; Magistrate of the first class where it is punishable with imprisonment for life or up to ten years; otherwise the court by which the offence is triable ⓘ

IPC Equivalent

Section 201 →

Section 238 BNS Bare Act Text

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.

Source: Section 238, Bharatiya Nyaya Sanhita, 2023

Section 238 BNS in Simple Words

Section 238 of the Bharatiya Nyaya Sanhita (BNS) deals with conduct after an offence has been committed. It applies where a person knows, or has reason to believe, that an offence has taken place and then destroys, hides, removes, or otherwise causes evidence to disappear. It also covers giving false information with the intention of protecting the offender from punishment. This section is often used against people who try to help an accused escape the law by tampering with material evidence, moving a body, erasing records, or misleading investigators.

The law does not require that the person committed the main offence. What matters is the knowledge of the offence and the deliberate act to screen the offender or frustrate investigation. In practice, this section is important because it punishes obstruction of justice, not just the original crime.

Ingredients of Section 238 BNS

An offence has been committed, which the accused knows or has reason to believe
Disappearance of evidence of that offence caused by the accused, or information respecting it given by him which he knows or believes to be false
The intention of screening the offender from legal punishment

Punishment Under Section 238 BNS

Imprisonment

Fine

Fine is added in the first two tiers. In the third the offender may be punished with fine alone, or with both imprisonment and fine.

The First Schedule grades this offence in three tiers by the offence concealed. It is bailable in every tier. Where the offence concealed is punishable with death, cognizance follows that offence and the Court of Session tries it. In the other two tiers it is non-cognizable, tried by a Magistrate of the first class where that offence carries life or up to ten years, and by the court by which that offence is triable where it carries less than ten years.

Cognizable: Cognizable or non-cognizable according as the offence concealed is cognizable or non-cognizable, where that offence is punishable with death; otherwise non-cognizable

The punishment is graded by the offence concealed and falls as that offence becomes less serious. The offence is bailable in every tier.

Example of Section 238 BNS

In a village near Nashik, Deepa kills her neighbour Farid in a quarrel. Her brother Mohan learns what she has done and knows that a murder has been committed. To keep Deepa from being punished, he buries the body in a field and burns the bloodstained clothes. Mohan knew that an offence had been committed, caused the evidence of it to disappear and did so with the intention of screening Deepa from legal punishment. He is liable under Section 238 BNS, and as in the illustration to the section, to imprisonment of either description for seven years, and also to fine.

When Section 238 BNS Does Not Apply

The accused did not know, and had no reason to believe, that an offence had been committed
The accused neither caused evidence of the offence to disappear nor gave information respecting it which he knew or believed to be false
The accused did not act with the intention of screening the offender from legal punishment
The act is the intentional omission to give information of an offence by a person bound to inform, which is dealt with by Section 239 BNS

Section 238 BNS in the IPC (Previous Law)

Section 238 BNS replaces Section 201 IPC from the old criminal code.

Section 201 IPC is now Section 238 BNS, with the same title, the same words and the same punishments. The BNS sets the three punishments out as clauses a, b and c and drops the marginal headings that labelled them in the IPC. The illustration is the same.

View IPC Section 201 →

FAQs on Section 238 BNS

Can I be charged under Section 238 BNS if I did not commit the main offence?▼

Yes. This section is not about committing the original offence. It applies if you knowingly help hide evidence or give false information to protect the offender.

Under Section 238 BNS, is destroying a mobile phone or CCTV footage covered?▼

It can be, if the act was done to hide evidence of an offence. The prosecution must show knowledge of the offence and a clear intention to screen the offender.

Under Section 238 BNS, what if I gave wrong information by mistake?▼

A genuine mistake is not enough by itself. The law looks for a deliberate or knowing act done to mislead investigators or protect someone from punishment.

Under Section 238 BNS, why does the punishment change from case to case?▼

Because the law links punishment under this section to the seriousness of the underlying offence. Hiding evidence in a murder case is treated much more seriously than in a minor offence case.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·