IPC Section 201: 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, 

if a capital offence – shall, 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; 

if punishable with imprisonment for life – and if the offence is punishable with imprisonment for life, or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; 

if punishable with less than ten years; imprisonment – and if the offence is punishable with imprisonment for any term not extending to ten years, shall 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. 

Illustrations 

  1. 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. 

IPC Section 201: Simplified Explanation 

IPC Section 201 of the Indian Penal Code (IPC) deals with the offence of causing the disappearance of evidence of an offence or giving false information to screen the offender from legal punishment. This section addresses actions that obstruct justice by hiding evidence or misleading authorities. 

Key Points: 

  • Disappearance of Evidence: Involves causing evidence of an offence to disappear. 
  • False Information: Involves giving false information to protect the offender. 
  • Intention: The intent must be to screen the offender from legal consequences. 

Is IPC Section 201 bailable? 

The availability of IPC Section 201 depends on the nature and severity of the offence associated with the disappearance of evidence or false information. Generally: 

  • If the offence is serious, such as murder or rape, IPC Section 201 is usually non-bailable. 
  • The associated offence may be bailable at the court’s discretion if the associated offence is less severe. 

IPC Section 201 Punishment 

The punishment for offences under IPC Section 201 varies based on the severity of the offence associated with the disappearance of evidence or false information: 

  • If the offence is punishable by death, imprisonment of either description for a term which may extend to seven years and a fine. 
  • If the offence is punishable with life imprisonment, but not death: Imprisonment of either description for a term which may extend to three years and a fine. 
  • If the offence is punishable with less than life imprisonment: Imprisonment of either description for a term which may extend to one-fourth of the maximum term of imprisonment provided for the original offence, or with a fine, or with both. 

Example of IPC Section 201 

A real-life example of IPC Section 201 would be a situation where an individual helps dispose of a murder weapon to protect the actual murderer. Suppose person A commits a murder, and person B, knowing about the murder, helps person A by disposing of the murder weapon in a river to destroy evidence. If it is later discovered that Person B intentionally disposed of the gun to protect Person A from being caught and prosecuted, person B would be charged under IPC Section 201 for causing the disappearance of evidence and would face the prescribed punishment based on the severity of the original offence (in this case, murder).

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