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.
Simplified Explanation
This section addresses actions taken to conceal evidence or provide false information with the intent to protect an offender from being legally punished. The section outlines penalties based on the severity of the offense being concealed.
Key Provisions of Section 238
Actions Covered under this Section:
- Causing Disappearance of Evidence:
- A person who deliberately removes, destroys, or conceals evidence of a crime with the intent to protect the offender from legal punishment.
- Giving False Information:
- A person who knowingly or reasonably believes that a crime has been committed, and then provides false information to authorities (e.g., the police or courts) to mislead them and prevent the offender from being caught or punished.
Punishment Based on Severity of the Crime Being Concealed:
- (a) Death Penalty Offense:
If the offense being concealed is punishable by death, the person who hides the evidence or gives false information can face imprisonment for up to 7 years and may also be liable to a fine. - (b) Imprisonment for Life or Up to 10 Years:
If the offense being concealed is punishable with life imprisonment or imprisonment for a term up to 10 years, the person may face imprisonment for up to 3 years and a fine. - (c) Imprisonment for Less Than 10 Years:
If the offense is punishable by imprisonment for a term not exceeding 10 years, the person may face imprisonment for up to one-fourth of the longest imprisonment term prescribed for the offense. Alternatively, they could face a fine, or both.
Illustration
- Example of Concealing a Murder:
If A knows that B has murdered Z and helps B hide the body, with the intention to prevent B from being punished, A would be liable to imprisonment for up to 7 years and a fine, since murder (a death-penalty offense) is being concealed.
Implications and Practical Application
Intention to Screen Offender
The intent to protect the offender is crucial. The punishment is linked to the intention to conceal the crime and prevent the offender from facing legal consequences. The law takes a serious view of actions that obstruct justice, especially when it involves aiding an individual in evading punishment for a serious crime.
Offenses Covered
- Murder: If the crime is murder (punishable by death), assisting the offender by destroying evidence, like hiding the body, would fall under this section.
- Other Serious Offenses: For crimes such as rape, robbery, or kidnapping (punishable by life imprisonment or significant terms of imprisonment), aiding in covering up or providing false information would also attract penalties.
False Information
- This section also applies to those who provide false statements or mislead authorities in their investigations, knowing that the information is false or suspecting it is.
Severity of Punishment
- The punishment is tiered based on the severity of the underlying crime. If a serious crime (such as murder) is being concealed, the punishment is more severe.
- For crimes with less severe penalties (such as lesser terms of imprisonment), the punishment for assisting in covering up the crime is relatively less severe, but it is still significant enough to deter such actions.
Conclusion
Section 238 of the Bharatiya Nyaya Sanhita, 2023 serves to deter those who attempt to obstruct justice by either concealing evidence or providing false information to protect offenders. It provides a graduated system of punishments based on the seriousness of the underlying offense being concealed, ranging from 7 years imprisonment and fines for death-penalty offenses, to up to 3 years or one-fourth of the maximum term for less severe crimes. This section emphasizes the importance of preserving the integrity of the judicial process by penalizing those who attempt to obstruct it.
