Section 238 BNS: Causing Disappearance Of Evidence Of Offence, Or Giving False Information To Screen Offender

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Section 238 BNS | BNS 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,—

238(a) BNS

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;

238(b) BNS

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;

238(c) BNS

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.

READ OTHER SECTIONS OF CHAPTER XIV — OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE

Section No.	Section Title
227	Giving false evidence.
228	Fabricating false evidence.
229	Punishment for false evidence.
230	Giving or fabricating false evidence with intent to procure conviction of capital offence.
231	Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment.
232	Threatening any person to give false evidence.
233	Using evidence known to be false.
234	Issuing or signing false certificate.
235	Using as true a certificate known to be false.
236	False statement made in declaration which is by law receivable as evidence
237	Using as true such declaration knowing it to be false.
238	Causing disappearance of evidence of offence, or giving false information to screen offender.
239	Intentional omission to give information of offence by person bound to inform.
240	Giving false information respecting an offence committed.
241	Destruction of document or electronic record to prevent its production as evidence.
242	False personation for purpose of act or proceeding in suit or prosecution.
243	Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution.
244	Fraudulent claim to property to prevent its seizure as forfeited or in execution.
245	Fraudulently suffering decree for sum not due.
246	Dishonestly making false claim in Court.
247	Fraudulently obtaining decree for sum not due.
248	False charge of offence made with intent to injure.
249	Harbouring offender.
250	Taking gift, etc., to screen an offender from punishment.
251	Offering gift or restoration of property in consideration of screening offender.
252	Taking gift to help to recover stolen property, etc.
253	Harbouring offender who has escaped from custody or whose apprehension has been ordered.
254	Penalty for harbouring robbers or dacoits.
255	Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture.
256	Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture.
257	Public servant in judicial proceeding corruptly making report, etc., contrary to law.
258	Commitment for trial or confinement by person having authority who knows that he is acting contrary to law.
259	Intentional omission to apprehend on part of public servant bound to apprehend.
260	Intentional omission to apprehend on part of public servant bound to apprehend person under sentence or lawfully committed.
261	Escape from confinement or custody negligently suffered by public servant.
262	Resistance or obstruction by a person to his lawful apprehension.
263	Resistance or obstruction to lawful apprehension of another person.
264	Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise provided for.
265	Resistance or obstruction to lawful apprehension or escape or rescue in cases not otherwise provided for.
266	Violation of condition of remission of punishment.
267	Intentional insult or interruption to public servant sitting in judicial proceeding.
268	Personation of assessor.
269	Failure by person released on bail bond or bond to appear in Court.

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FAQs of BNS Section 238

238 BNS punishment and fine

Punishment and fine under Section 238 of the BNS—

238(a): Imprisonment for 7 years and fine.
238(b): Imprisonment for 3 years and fine.
238(c): Imprisonment for one-fourth of the longest term provided for the offence, or fine, or both.
238 BNS cognizable or not

In Section 238(a), according as the offence in relation to which disappearance of evidence is caused is cognizable or non-cognizable and the offence under Section 238(b) and 238(c) of the BNS is non-cognizable.
238 BNS bailable or not

The offence under Section 238(a), 238(b) and 238(c) of the BNS is bailable.
238 BNS trial court

Offence specified in Section 238(a) of the BNS is triable by the court of session, offence specified in Section 238(b) of the BNS is triable by the Magistrate of the first class, while the offence specified in Section 238(c) is triable by a Court by which the offence is triable.

Important Points

Cognizable Offences: These are offences where a police officer can arrest a person without a warrant.

Non-Cognizable Offences: These are offences where a police officer cannot arrest a person without a warrant.

Bailable Offences: These are offences where the accused can get bail from the police station itself. All bailable offences are listed in the First Schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

Non-Bailable Offences: Offences in which bail is not granted directly from the police station but after hearing the case in the court, the judge decides when bail will be granted. All non-bailable offences are listed in the first schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS).