Section 157 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 157 – Bharatiya Sakshya Adhiniyam (BSA), 2023
Title / Essence
Prohibition Against Tampering with Evidence
1. Purpose of Section 157
Section 157 of the BSA, 2023 is designed to protect the integrity of evidence in legal proceedings. Its main objectives are:
Prevent destruction, alteration, or concealment of evidence.
Safeguard the fairness of trials.
Deter individuals from obstructing justice through interference with documents, objects, or witnesses.
2. Scope of the Offence
This section applies to anyone who:
Destroys, alters, conceals, or tampers with evidence knowing that it is relevant to a judicial proceeding or investigation.
Induces another person to commit such acts.
Obstructs lawful collection of evidence by investigators or courts.
Relevant evidence may include:
Physical objects
Documents or electronic records
Digital evidence (emails, databases, CCTV footage)
Testimonial evidence through intimidation or coercion
3. Key Elements of the Offence
To establish liability under Section 157, the following elements must exist:
Knowledge of Legal Proceeding: The accused must know or be aware that the evidence is relevant to an ongoing or impending investigation or trial.
Act of Tampering: Includes destruction, alteration, concealment, or inducement of others to tamper.
Intent or Recklessness: The act must be intentional or reckless with respect to its impact on justice.
4. Punishment under Section 157
Imprisonment: Up to 3 years, depending on severity.
Fine: Monetary penalty proportionate to the damage or tampering.
Both: In serious cases, imprisonment and fine may apply.
Additional consequences may include:
Confiscation of tampered objects or materials.
Enhanced penalties if tampering obstructs a criminal investigation or endangers public safety.
5. Illustrative Examples
Example 1:
A person destroys CCTV footage that shows a robbery in progress, knowing it will be used in a court case.
➡ Punishable under Section 157.
Example 2:
An employee deletes important electronic records of a company fraud investigation to hide evidence.
➡ Punishable under Section 157.
Example 3:
A witness is coerced into providing false testimony to obstruct justice.
➡ Punishable under Section 157.
6. Legal Principles
Intent is crucial: Accidental loss or destruction of evidence is not punishable unless negligence is extreme.
Covers both direct and indirect acts: Even inducing another person to tamper with evidence is punishable.
Scope: Applies to all types of evidence—physical, documentary, digital, and testimonial.
7. Importance of Section 157
Ensures fair trials and investigations.
Protects the integrity of the judicial process.
Deters individuals from obstructing justice through manipulation of evidence.
8. Summary Table
| Aspect | Details |
|---|---|
| Offence | Tampering with evidence (destruction, alteration, concealment, inducement) |
| Who is liable | Any person aware of relevance of evidence to investigation or trial |
| Elements | Knowledge of legal proceeding, act of tampering, intent/recklessness |
| Punishment | Imprisonment up to 3 years, fine, or both |
| Examples | Deleting CCTV footage, destroying documents, coercing witness testimony |
| Purpose | Protect evidence, ensure fair trials, deter obstruction of justice |
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