Section 238 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
It seems you're referring to Section 238—but note: Bharatiya Sakshya Adhiniyam, 2023 (the Evidence Act) only goes up to Section 170, while Section 238 appears in the Bharatiya Nyaya Sanhita, 2023 (the new Penal Code). Here's what it says there:
📜 Section 238, Bharatiya Nyaya Sanhita, 2023
Title: Causing disappearance of evidence of offence, or giving false information to screen offender
Offence defined:
Whoever, knowing or having reason to believe that an offence has been committed, either:
Causes any evidence of the offence to disappear with the intention of shielding the offender from legal punishment;
Or gives any information about the offence that he knows or believes to be false, with the same intent—
is punishable under this section. (bnssections.com)
🧑⚖️ Penalties as per BNS Section 238
If the underlying offence is punishable by death: Imprisonment for up to 7 years, plus potentially a fine.
If the underlying offence is punishable with life imprisonment or up to 10 years: Imprisonment for up to 3 years, plus possibly a fine.
If punishable with less than 10 years: Imprisonment up to one-quarter of the maximum for that offence, or a fine, or both. (ezylegal.in)
🔍 Example
A helps hide a murder victim’s body to protect the murderer (whose crime carries the death penalty) — liable to up to 7 years’ imprisonment and a fine. (vidhijudicial.com)
✅ Summary
Section 238 is in the Bharatiya Nyaya Sanhita (BNS), not in the Sakshya Adhiniyam.
It criminalizes tampering with evidence or giving false statements when intending to cover for an offender.
Penalties scale with the seriousness of the underlying offence.
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