Section 204 IPC: Destruction of document to prevent its production as evidence
Indian Penal Code, 1860
Section 204 IPC at a Glance
Section 204 IPC deals with destruction of document to prevent its production as evidence. It is bailable and non-cognizable, triable by Magistrate of the first class; from 1 July 2024 it is replaced by Section 241 BNS.
Imprisonment of either description for up to two years.
Section 204 IPC Bare Act Text
204. Destruction of document to prevent its production as evidence
Whoever secretes or destroys any document or electronic record which he may be lawfully compelled to produce as evidence in a Court of Justice, or in any proceeding lawfully held before a public servant, as such, or obliterates or renders illegible the whole or any part of such document or electronic record with the intention of preventing the same from being produced or used as evidence before such Court or public servant as aforesaid, or after he shall have been lawfully summoned or required to produce the same for that purpose, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Source: Section 204, Indian Penal Code, 1860
Section 204 IPC in Simple Words
Section 204 of the Indian Penal Code (IPC) punishes secreting or destroying a document or electronic record, or obliterating or rendering illegible the whole or any part of it, where the person may be lawfully compelled to produce it as evidence in a Court of Justice or in a proceeding lawfully held before a public servant. The act must be done with the intention of preventing the document or electronic record from being produced or used as evidence before that Court or public servant, or after the person has been lawfully summoned or required to produce it for that purpose.
The punishment is imprisonment of either description for up to two years, or fine, or both. The offence is bailable and non-cognizable, and it is triable by a Magistrate of the first class.
Ingredients of Section 204 IPC
- The accused secreted or destroyed a document or electronic record, or obliterated or rendered illegible the whole or any part of it
- The accused might be lawfully compelled to produce that document or electronic record as evidence in a Court of Justice or in a proceeding lawfully held before a public servant
- The act was done with the intention of preventing the document or electronic record from being produced or used as evidence before that Court or public servant, or after the accused was lawfully summoned or required to produce it for that purpose
Punishment Under Section 204 IPC
Imprisonment of either description for up to two years.
The offender may be punished with fine alone or with both imprisonment and fine. The section fixes no amount.
Secreting or destroying a document to prevent its production as evidence carries imprisonment for up to two years, or fine, or both.
Example of Section 204 IPC
When Section 204 IPC Does Not Apply
- Section 204 IPC does not apply when the person could not be lawfully compelled to produce the document or electronic record as evidence before a Court of Justice or in a lawful proceeding before a public servant.
- Section 204 IPC does not apply if the document or electronic record was neither secreted, destroyed, obliterated, nor rendered illegible in whole or in part.
- Section 204 IPC does not apply where the document or electronic record was accidentally damaged without any intention to prevent its production or use as evidence and before any lawful summons or requirement to produce it.
- Section 204 IPC does not apply when a private paper is discarded for routine housekeeping before any requirement to produce it and without intending to keep it from being used as evidence.
Section 204 IPC in the BNS
Section 204 IPC is now covered under Section 241 BNS.
Section 204 IPC is now Section 241 BNS. The title adds electronic record, the words Court of Justice become Court, the longest imprisonment rises from two years to three years, and the fine may now extend to five thousand rupees where the IPC fixes no amount.
View detailed comparison (IPC 204 vs BNS 241) →FAQs on Section 204 IPC
What does Section 204 IPC provide?▼
It punishes secreting or destroying a document or electronic record, or obliterating or rendering illegible the whole or any part of it, with the intention of preventing it from being produced or used as evidence in a Court of Justice or before a public servant.
What is the punishment under Section 204 IPC?▼
Imprisonment of either description for up to two years, or fine, or both.
Which documents does Section 204 IPC cover?▼
A document or electronic record that the accused may be lawfully compelled to produce as evidence in a Court of Justice or in a proceeding lawfully held before a public servant.
Does Section 204 IPC apply after a summons?▼
Yes. The section also covers the act done after the accused has been lawfully summoned or required to produce the document or electronic record for that purpose.
Is an offence under Section 204 IPC cognizable and bailable?▼
It is non-cognizable and bailable.
Which court tries an offence under Section 204 IPC?▼
A Magistrate of the first class.
Can an offence under Section 204 IPC be compounded?▼
No. It is not listed in Section 320 CrPC.
Where is Section 204 IPC in the Bharatiya Nyaya Sanhita?▼
In Section 241 BNS.
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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·