Section 201 of the Bharatiya Nyaya Sanhita (BNS), 2023
⚖️ Bare Provision (Paraphrased for Understanding)
Section 201 – Causing disappearance of evidence of offence, or giving false information to screen offender
This section criminalizes any act of destroying or concealing evidence of a crime, or giving false information, with the intent to protect the offender from legal punishment.
The severity of the punishment depends on:
The nature of the offence committed (the original offence), and
Whether the person trying to conceal it is legally bound to inform authorities.
🔍 Detailed Explanation of Section 201, BNS
✅ 1. Applicability
This section applies after a crime has been committed. It focuses on people who try to help the criminal by:
Destroying or hiding evidence,
Giving false information to police or the court,
Misleading investigations, with the intent to protect the criminal.
✅ 2. Key Elements of the Offence
To invoke Section 201, the following must be present:
| Element | Description |
|---|---|
| Crime has been committed | There must be an actual offence already committed. |
| Act of destruction, concealment, or misrepresentation | Evidence is tampered with, destroyed, hidden, or false info is provided. |
| Intent to screen the offender | The person doing it must intend to help the criminal escape punishment. |
🔒 3. Punishment (based on the severity of the original crime)
| Original Offence | Punishment under Section 201 |
|---|---|
| Capital offence (punishable with death) | Up to 7 years imprisonment + fine |
| Offence punishable with life imprisonment or ≥ 10 years | Up to 5 years imprisonment + fine |
| Any other offence | Up to 3 years imprisonment + fine |
👨⚖️ 4. Example Scenarios
🔹 Scenario 1: Murder (capital offence)
Person A kills someone.
Person B hides the weapon and destroys CCTV footage to help A avoid arrest.
Since the original offence is punishable by death, Person B can get up to 7 years + fine.
🔹 Scenario 2: Theft (less serious offence)
Person A commits theft.
Person B misleads police by lying about A's whereabouts.
Since theft is punishable with less than 10 years, B can get up to 3 years + fine.
⚠️ 5. Special Note: Legal Duty to Report
If the person has a legal duty to inform authorities (e.g., a police officer, doctor, or public servant), and still helps conceal the crime, the offence becomes more serious.
✅ 6. Objective of Section 201
To maintain the integrity of the justice system by:
Discouraging destruction or tampering of evidence,
Preventing obstruction of justice,
Holding accountable those who protect criminals.
📝 Summary Table
| Aspect | Description |
|---|---|
| Section Name | Causing disappearance of evidence or giving false info |
| Intent Required | To screen offender from punishment |
| Acts Punished | Destroying, hiding evidence; giving false info |
| Punishment Based on | Severity of original offence |
| Maximum Punishment | 7 years + fine (for capital offences) |
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