Whoever secretes or destroys any document or electronic record which he may be lawfully compelled to produce as evidence in a Court 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 three years, or with fine which may extend to five thousand rupees, or with both.
Simplified Explanation
This section deals with the intentional destruction, concealment, or alteration of documents or electronic records that a person may be required to produce as evidence in legal proceedings. The law treats such actions as an attempt to obstruct justice by preventing the relevant evidence from being presented in court or before a public servant.
Key Provisions of Section 241
Actions Covered:
- Secreting or Destroying Documents:
A person is penalized for hiding, destroying, or obliterating a document or electronic record that they are legally bound to produce as evidence in a court or before a public servant. - Intention to Prevent Evidence:
The destruction or alteration of the document or record must be done with the intention of preventing it from being produced as evidence. This could include concealing, obliterating, or rendering illegible all or part of the document or electronic record. - After Legal Summons:
The provision also applies if a person has been lawfully summoned to produce the document or record, and then destroys or alters it to obstruct its use in the legal process.
Punishment:
- Imprisonment:
The offender may face imprisonment for up to three years, which may be either simple or rigorous, depending on the case. - Fine:
The offender may also be fined an amount up to five thousand rupees, or both imprisonment and fine.
Explanation and Application
Obstruction of Justice
The main intent of this section is to prevent people from destroying or altering evidence that could impact the outcome of judicial proceedings. The destruction or modification of evidence is a serious offense because it undermines the legal process and the ability of courts and public servants to ascertain the truth.
Document or Electronic Record
This section applies to both physical documents and electronic records that are required to be produced in a legal proceeding. This could include:
- Paper documents like contracts, letters, or financial records.
- Electronic records such as emails, digital contracts, or data stored on devices.
Examples of Offenses Under Section 241
- Concealing Financial Documents:
A person involved in a fraud hides or destroys documents that could prove the crime, such as fake invoices or bank records. - Deleting Digital Evidence:
A person under investigation for cybercrime deletes emails or files from their computer that would serve as evidence in the case. - Obliterating Signature or Important Details:
Someone erases critical parts of a signed contract to prevent it from being used in a dispute resolution.
Conclusion
Section 241 of the Bharatiya Nyaya Sanhita, 2023 seeks to prevent individuals from destroying or tampering with evidence in order to obstruct legal proceedings. This provision carries severe penalties, including up to three years imprisonment and a fine of up to five thousand rupees, ensuring that documents and electronic records required for legal processes are not unlawfully altered or hidden.
