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Section 238 — Causing Disappearance of evidence of offence, or giving false information to screen offender
238
238
Causing Disappearance of evidence of offence, or giving false information to screen offender
Bharatiya Nyaya Sanhita, 2023
Chapter XIV Of False Evidence and Offences Against Public Justice
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Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 yearsObstruction Of JusticeHiding EvidenceCriminal LawSerious
🗣️ Simple Explanation
What does this law say?
Section 238 of the BNS deals with hiding evidence or giving false information to protect someone who committed a crime. If you know a crime happened and you hide evidence or lie to protect the criminal, you can be punished.
Why does this law exist?
This law ensures that criminals are brought to justice. It prevents people from obstructing investigations and protecting wrongdoers.
Real-life impact
This law affects you if you help someone hide evidence of a crime. For example, if you help someone dispose of a murder weapon.
What happens if you break this law?
The punishment depends on the original crime. If the original crime is punishable by death, you could face up to seven years in jail and a fine. Police can arrest without warrant. This section replaces a similar section in the old IPC.
⚖️ Punishment
Imprisonment up to seven years, or fine, or both.
💡 Real Life Example
Rahul helps his friend hide the car used in a hit-and-run accident. He knows his friend was driving. This violates Section 238, and he could face imprisonment.
Priya lies to the police about seeing a robbery to protect her brother. This is also covered under Section 238. She could face jail time and a fine.
🛡️ KNOW YOUR RIGHTS
- •Refuse to hide evidence of a crime.
- •Seek legal advice if you have information about a crime.
- •Cooperate with the police investigation.
- •Do not give false information to protect someone.
- •You have the right to remain silent.
❓ FREQUENTLY ASKED QUESTIONS
Section 238 of the BNS addresses hiding evidence or giving false information to protect a criminal. If you know a crime has been committed and you hide evidence or lie to protect the offender, you can be punished. This law ensures that criminals are brought to justice. It replaces a similar section in the old IPC.
The punishment under Section 238 depends on the original crime. If the original crime is punishable by death, you could face up to seven years in jail and a fine. If the original crime is punishable by life imprisonment or up to 10 years, you could face up to three years in jail and a fine. Police can arrest without a warrant.
Sources & References
📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library
⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice
📚 Act Reference: Bharatiya Nyaya Sanhita, 2023 (replaces IPC)
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.
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