Causing Disappearance of Evidence or Screening an Offender Under the BNS (Section 238): IPC 201 Mapping (2026)
What Section 238 of the Bharatiya Nyaya Sanhita covers, the old Indian Penal Code section it replaced, and the graded punishment for destroying evidence or giving false information to screen an offender. Last verified October 2026.
Explainer · New Criminal Code · BNS
After a crime, someone cleans the scene, hides a weapon, burns a document, or gives the police a false account, all to keep the real offender safe. The main crime is one thing. These acts that cover it up are a separate offence. Under the new criminal code, the offence of causing evidence to disappear, or giving false information to screen an offender, is Section 238 of the Bharatiya Nyaya Sanhita, 2023, which replaced Section 201 of the old Indian Penal Code. This explainer sets out what the section covers, the exact old to new mapping, and the graded punishment. Last verified October 2026.
- What it is: destroying evidence, or giving false information, to screen an offender, under Section 238 of the BNS, 2023.
- Old law: it replaces Section 201 of the Indian Penal Code, 1860, with no change in substance.
- Punishment: up to 7 years and fine (main offence capital); up to 3 years and fine (life or up to 10 years); one-fourth of the longest term or fine or both for lesser offences.
- Key point: there must be a real main offence, plus knowledge and intent to screen the offender.
01The problem: covering up a crime
Evidence is how a crime is proved. If it disappears, the case can fail even when everyone knows what happened. That is why the law treats the destruction of evidence, and the giving of false information to protect an offender, as a crime in its own right.
Section 238 of the Bharatiya Nyaya Sanhita, 2023 covers two kinds of act done to screen an offender: causing evidence of the offence to disappear, and giving information about the offence that the person knows or believes to be false. Both are aimed at defeating the investigation.
The offence can apply to a third party who helps the main criminal, and in some situations to the main offender who destroys evidence of their own crime, though the main offender is usually tried for the primary offence.
02What Section 238 says
Section 238 of the BNS punishes a person who, knowing or having reason to believe that an offence has been committed, causes any evidence of it to disappear, or gives any information about the offence that they know or believe to be false, with the intention of screening the offender from legal punishment.
Like other screening offences, the punishment rises with the seriousness of the main offence. The gravest level applies where the main offence is punishable with death.
Classification
Published annotations of the BNS do not agree on whether Section 238 is cognizable or bailable, and the status may also depend on the main offence. Read the current First Schedule of the Bharatiya Nagarik Suraksha Sanhita for the status that applies to your facts.
03Old to new: IPC 201 to BNS 238
Section 201 of the Indian Penal Code, 1860, is now Section 238 of the Bharatiya Nyaya Sanhita, 2023. The offence and the graded punishment are carried over without a change in substance. Only the section number changed.
| Point | Old law (IPC 201) | New law (BNS 238) |
|---|---|---|
| Section number | Section 201 | Section 238 |
| Offence | Causing disappearance of evidence, or giving false information to screen offender | Same |
| Main offence punishable with death | Up to 7 years and fine | Up to 7 years and fine |
| Main offence life or up to 10 years | Up to 3 years and fine | Up to 3 years and fine |
| Any other main offence | Up to one-fourth of the longest term, or fine, or both | Up to one-fourth of the longest term, or fine, or both |
Because the substance is the same, judgments decided under the old Section 201 continue to guide how Section 238 is read.
04The graded punishment
The punishment under Section 238 depends on the main offence that was covered up.
- Main offence punishable with death: imprisonment of either description up to seven years, and fine.
- Main offence punishable with life, or up to ten years: imprisonment of either description up to three years, and fine.
- Any other main offence (under ten years): imprisonment of the kind provided for that offence, up to one-fourth of its longest term, or fine, or both.
Destroying evidence is not a minor act. Where it screens a capital crime, Section 238 allows up to seven years in prison.
05The ingredients of the offence
A case under Section 238 needs each of these.
- An offence was committed. There must be a main offence. The accused need not have done it, but it must have happened.
- Knowledge. The accused must have known, or had reason to believe, that the offence was committed.
- An act of covering up. Either causing evidence to disappear, or giving information known or believed to be false.
- Intent to screen. The act must be done with the purpose of saving the offender from legal punishment.
Proof of the main offence is often the hardest part. If the main offence is not made out, a charge under Section 238 can become difficult to sustain.
06Practical points
- Establish the main offence. The screening charge depends on a main offence. Pin down what it was and how it is proved.
- Show knowledge and intent. The accused must have known of the offence and acted to screen the offender. A neutral act, without that purpose, is not enough.
- Identify the exact evidence. Say what evidence disappeared, or what false information was given, and how it was meant to help.
- Classification may follow the main offence. Check the First Schedule for the cognizable or bailable status, as it can vary.
- Read the current text. Check the section and classification on the day you advise or file.
For related offences against public justice, see fabricating and using false evidence and harbouring an offender.
07Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
A Section 238 charge turns on how courts have read knowledge, the intent to screen, and proof of the main offence, and you also have to keep up with the live matter. Claw helps with both. Its search reaches more than 30 crore judgments, with Supreme Court rulings from 1950 and High Court rulings from 1990, and brings them back in under 5 seconds, so you can see how benches have treated a screening charge built on the old Section 201. It then tracks the cases, orders and hearings for your matter by party name or advocate name across 9,102 courts, benches and forums. Claw does not use the case documents you upload to train its AI models.
Create a free Claw account to research and track a Section 238 matter by party or advocate name. To search across the court system, see our hub on case search across Indian courts.
08Sources and further reading
- India Code (official text of central Acts): indiacode.nic.in
- Ministry of Home Affairs (new criminal laws): mha.gov.in
- Annotated BNS, Section 238: devgan.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The BNS can be amended and courts interpret it over time, so check the current text and take advice from counsel before you act.
09Frequently asked questions
What is Section 238 of the BNS?
Section 238 of the Bharatiya Nyaya Sanhita, 2023 punishes a person who, knowing an offence has been committed, causes evidence of it to disappear, or gives false information about it, to screen the offender from legal punishment. It is the new-code version of Section 201 of the old Indian Penal Code.
Which IPC section does BNS 238 replace?
It replaces Section 201 of the Indian Penal Code, 1860. The offence and the graded punishment are the same. Only the section number changed, so earlier judgments on Section 201 continue to guide the reading of Section 238.
What is the punishment under Section 238?
It depends on the main offence. If the main offence is punishable with death, up to seven years and fine. If it is punishable with life or up to ten years, up to three years and fine. For any other offence, up to one-fourth of its longest term, or fine, or both.
Can the main offender be charged under Section 238?
In some situations yes, where they destroy evidence of their own crime, though the main offender is usually tried for the primary offence. The section is most often used against a third party who helps cover up a crime with intent to screen the offender.
Is a main offence needed to charge Section 238?
Yes. There must be a real main offence, and the accused must have known or had reason to believe it was committed. If the main offence is not made out, a charge under Section 238 can be hard to sustain.
Can I search and track Section 238 cases on Claw?
Yes. Claw lets you search more than 30 crore judgments in under 5 seconds and follow the cases, orders and hearings for a matter by party or advocate name across 9,102 courts, benches and forums. It helps you find and follow cases, but it does not give legal advice.