Whoever secrets 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.
IPC Section 204: Simplified Explanation
IPC Section 204 deals with the act of destroying or causing the destruction of any document or electronic record with the intent to prevent it from being used as evidence in a judicial proceeding. This section applies when a person, knowing that a document or electronic record is required or likely needed as evidence in any legal proceeding, intentionally destroys or obliterates it to prevent its production.
Key Elements:
- There must be a document or electronic record.
- The person must know that it is required or likely to be required in a judicial proceeding.
- The person must destroy, obliterate, or cause it to disappear.
- The intent must be to prevent it from being used as evidence.
Is IPC Section 204 Bailable?
Yes, IPC Section 204 is a bailable offence. This means the accused can be released on bail, subject to certain conditions and the court’s discretion.
IPC Section 204 Punishment
The punishment for an offence under IPC Section 204 is imprisonment of either description for a term extending to two years, with a fine, or with both. The court determines the exact punishment based on the circumstances and severity of the offence.
Example of IPC Section 204
Imagine a situation where Mr X is involved in a legal dispute with his business partner, Mr Y. During the litigation process, Mr X realizes that certain emails and financial documents stored on his computer could be used as evidence against him. To avoid this, Mr. X deletes the emails. He destroys the physical copies of the financial documents, intending to prevent them from being used in court. Here, Mr X can be prosecuted under IPC Section 204 for intentionally destroying documents and electronic records to obstruct justice.
