Section 201 of the Indian Penal Code (IPC) is a milestone one in the sense that it addresses acts hindering investigations or facilitating criminals to evade. With the IPC section 201 being replaced by Section 238 under the new BNS, the legal system has further advanced to enhance the handling of evidence and criminal justice proceedings.

In this blog, we will explore the key aspects of Section 201 IPC, including its scope and application, the punishment associated with it, and its equivalent provision under BNS Section 238. We will also discuss typical situations involving evidence tampering under Section 201 IPC, potential defenses against charges, and what to do if you are accused under Section 201 IPC. Additionally, we will provide key takeaways and address frequently asked questions (FAQs) to help you better understand this legal provision.

Section 201 IPC – Definition

Section 201 of IPC states that:

Causing disappearance of evidence of offence, or giving false information to screen offender.—

Whoever, knowing or having reason to believe that an offence has been committed, causes any evidence of the commission of that offence to disappear, with the intention of screening the offender from legal punishment, or with that intention gives any infor-mation respecting the offence which he knows or believes to be false 

if a capital offence.— shall, if the offence which he knows or believes to have been committed is punishable with death, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine 

if punishable with imprisonment for life.— and if the offence is punishable with imprisonment for life, or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine 

if punishable with less than ten years’ imprisonment.— and if the offence is punishable with imprisonment for any term not extending to ten years, shall be punished with imprisonment of the description provided for the offence, for a term which may extend to one-fourth part of the longest term of the imprisonment provided for the offence, or with fine, or with both.

Illustration

A, knowing that B has murdered Z, assists B to hide the body with the intention of screening B from punishment. A is liable to imprisonment of either description for seven years, and also to fine.

Essential Elements of Section 201 IPC

To establish an offense under Section 201 IPC, the following elements must be proven:

• Knowledge of an offense – The accused must be aware that an offense has been committed
• Deliberate concealment – There must be an intentional act to destroy, hide, or remove evidence
• Providing false information – The accused must have given misleading details to authorities to shield the offender.

Punishments Under Section 201 IPC

Section 201 IPC prescribes punishments in line with the seriousness of the main offence. The punishments vary based on the nature of the main offence:

• Where the main offence is punishable with death, the punishment may extend to seven years‘ imprisonment and fine
• If the offence is punishable with life imprisonment or imprisonment for a term not exceeding ten years, the punishment can extend to three years’ imprisonment and a fine
• For offences which may be punishable with imprisonment for not exceeding ten years, the punishment may extend to one-fourth of the term of the longest period of imprisonment for which the offence may be punishable, or a fine, or both.

Varying Punishments Based on Offense Severity

• Legal systems classify offenses based on their severity, influencing the level of punishment
• Minor offenses may result in fines
• More serious crimes can lead to imprisonment
• Offenses are categorised as infractions, misdemeanors, or felonies, determining legal consequences
• Courts consider factors such as intent, harm caused, and prior records when imposing penalties.

BNS Section 238: New Equivalent of IPC Section 201

BNS Section 238 serves as a modern counterpart to IPC Section 201, further strengthening legal provisions related to evidence handling and criminal proceedings. It aims to enhance the legal framework by addressing issues of obstructing justice and concealing evidence in a more detailed manner.

Definition of BNS Section 238

States that….

Whoever, knowing or having reason to believe that an offence has been committed, causes any evidence of the commission of that offence to disappear, with the intention of screening the offender from legal punishment, or with that intention gives any information respecting the offence which he knows or believes to be false shall,— 

(a) if the offence which he knows or believes to have been committed is punishable with death, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; 

(b) if the offence is punishable with imprisonment for life, or with imprisonment which may extend to ten years, be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; 

(c) if the offence is punishable with imprisonment for any term not extending to ten years, be punished with imprisonment of the description provided for the offence, for a term which may extend to one-fourth part of the longest term of the imprisonment provided for the offence, or with fine, or with both. 

Illustration:  A, knowing that B has murdered Z, assists B to hide the body with the intention of screening B from punishment. A is liable to imprisonment of either description for seven years, and also to fine.

Transition from IPC to BNS

This move from IPC to BNS is a significant law reform, which is simplifying the provisions for legal certainty and accessibility. Section 238 of BNS continues with the central idea behind Section 201 of IPC but explains the provision with improved nomenclature to add contemporary notions in law. This shift intends to ensure effective dispensation of justice with enhanced current language and updated procedural stipulations.

Provisions of Section 238 of BNS

BNS Section 238 criminalises persons who knowingly destroy or conceal evidence of an offense or provide false information with the intent to prejudice the prosecution of an offense. The penalty is based on the nature of the underlying offense. If the offense is punishable by imprisonment or death, the offender who interferes with evidence can be imposed corresponding penal sanctions. The law stresses intent, because deliberate actions aimed at obstructing justice can earn harsh penalties, maintaining the integrity of the legal system.

Common Scenarios of Evidence Tampering Under 201 IPC

Evidence tampering under Section 201 IPC can be done in several ways, including the destruction of physical evidence or furnishing false information to a public servant. Such actions obstruct investigations and cause prejudice to the proper administration of justice.

Concealing Crime Scene Evidence

In most criminal crimes, individuals perpetrate the crime of tampering with physical evidence at the scene of the crime. This may be achieved by concealing weapons, destroying forensic traces, or modifying the crime scene to confuse investigators. Such destruction of evidence may greatly impact the direction of an investigation and result in charges under Section 201 IPC.

Giving False Information to the Authorities

Once again, providing false information to the police or making false statements with intent to mislead an investigation is a common way evidence tampering takes place. It is a violation of justice and is a cognizable offense under Section 201 IPC, where it has to be established that false information has been provided for the purpose of concealing a criminal.

Defenses Against Section 201 IPC Charges

Defenses to the charges under Section 201 IPC are generally negating the intention to prevent justice or establishing no role in the crime. Such defenses may involve alibi, lack of knowledge, or undermining the evidence against the accused.

Establishing Lack of Intent

One of the strongest defenses against Section 201 IPC charges is proving that the accused did not have any intention of hiding or destroying evidence. If the tampering was not intended, like an accidental disposal of an object, then it may not attract criminal liability. Accidental acts defense can be an important argument here.

Proving Insufficient Evidence

When the prosecution is not able to prove the case strongly, the accused may plead lack of evidence to be acquitted. A weak prosecution with no positive connection between the accused person and the alleged act of tampering can lead to the dismissal of the case. Lack of evidence defense and astute legal arguments are crucial to effectively counter 201 IPC charges.

Steps to Take If Accused Under Section 201 IPC

Getting charged under Section 201 of the Indian Penal Code (IPC) is a critical situation, for it is to obstruct justice and hide evidence or assist a criminal in escaping conviction. Here is a step-by-step process for the same: 

Step 1: Reach a Lawyer Immediately

If you are charged under Section 201 IPC, the very first thing to do is consult a criminal lawyer. A lawyer will advise you on your legal rights, make you aware of the charges, and defend you in court. Seeking legal advice at an early stage will avoid errors that will ruin your case.

Step 2: Understand the Charges Against You

Find out the specific charges and what evidence the police or prosecution has on you. Consult your attorney to determine weak areas in the case and potential defense plans. Having knowledge of whether the said act was intended or was an accident will assist in formulating your defense.

Step 3: Gather Evidence in Favor of Your Case

Collect evidence, witness accounts, CCTV cameras, or whatever other evidence may be able to demonstrate your innocence. If the accusations of the prosecution are tenuous, robust supporting evidence will make your defense better. Cooperate with your attorney so that nothing significant gets left behind.

Step 4: Prepare Your Defense Strategy

With your attorney, strategise how to counter the charges. Emphasise establishing lack of intent or insufficiency of evidence against you. In the absence of solid evidence in the case, your attorney can compel dismissal or lowered charges. Prepare for court hearings and proceedings.

Step 5: Obey Legal Counsel and Exercise Vigilance

Do not provide false information or attempt to destroy any evidence, as this may worsen the situation. Cooperate with law enforcement agencies while safeguarding your rights. Always listen to your lawyer carefully, as a well-thought-out legal strategy can assist you in effectively combating 201 IPC charges.

Conclusion

Tampering with evidence under Section 201 IPC is a serious crime that can hinder justice and affect legal proceedings. Familiarity with typical situations, including hiding crime scene evidence or giving false information, is important. Nevertheless, robust defenses such as establishing lack of intent or showing inadequate evidence can assist those accused of such a crime.

FAQs Related To IPC Section 201