Section 241 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 241 of the Bharatiya Nyaya Sanhita, 2023:
📜 Text of Section 241
“Whoever secretes or destroys any document or electronic record which he may be lawfully compelled to produce as evidence in a Court or in any proceeding lawfully held before a public servant… or obliterates or renders illegible the whole or any part of such document or electronic record… …shall be punished with imprisonment of either description for a term which may extend to three years, or with fine which may extend to five thousand rupees, or with both.” (mha.gov.in)
🏛 Legal Significance
Offence: Hiding, destroying, tampering with, or rendering illegible any document or electronic record that one is legally bound to produce as evidence, either before a court or a public servant. (citizen.complainthub.org)
Punishment: Imprisonment up to 3 years, or a fine up to ₹5,000, or both.
📌 Context & IPC Comparison
This mirrors the IPC’s Section 477A (Destruction of Evidence), now rephrased under BNS to reflect modern usage, including electronic records. (linkedin.com)
It strengthens judicial integrity by penalizing anyone who circulates or manipulates evidence to obstruct justice.
🧾 Key Elements
| Element | Description |
|---|---|
| Actus Reus | Secreted, destroyed, obliterated, or corrupted document/electronic record |
| Mens Rea | Intent to prevent production as evidence |
| Scope | Applies post-lawful summons or requirement to produce evidence |
| Evidence Format | Includes both physical and electronic records |
| Punishment | Up to 3 years imprisonment, fine up to ₹5,000, or both |
📚 Why It Matters
Ensures preservation and transparency of evidence in court proceedings.
Adapts to digital realities — covers not just papers but also emails, databases, CCTV footage, etc.
Acts as a safeguard against evidence tampering that could derail judicial outcomes.
✅ Summary
Section 241 BNS criminalizes and penalizes any destruction, concealment, or alteration of documents or electronic records that are legally required as evidence. It aligns with and modernizes IPC Section 477A, reinforcing both physical and digital evidence protection.
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