201 vs 238
The continuation of laws against tampering with a crime scene or hiding evidence to protect offenders.
What Changed?
Direct renumbering from IPC 201 to BNS 238.
Identical punishment scaling based on the severity of the original crime.
Verdict
"Ensures that helping a criminal evade justice by hiding their tracks remains a punishable offence."
Detailed Analysis
201
Section Data Pending
238
Section Data Pending
Legal Implications
Practical Scenarios
"Wiping fingerprints from a gun to help a relative (BNS 238)."
"Giving a false alibi to the police for a person who has committed theft (BNS 238)."
Expert Q&A
Can I be charged with BNS 238 if I did not know a crime was committed?
No. The law requires knowing or having reason to believe that an offence has been committed.
What is the BNS equivalent of IPC 201?
IPC Section 201 → BNS Section 238. The scaling framework is preserved — punishment is proportional to the underlying offence being screened: 7 years for capital offences, 3 years for life imprisonment offences.
Can the main accused be charged with Section 201 for destroying their own evidence?
No — Section 201/BNS 238 applies to third parties who help the offender evade justice. The principal offender cannot be separately punished under Section 201 for concealing their own crime.
Does Section 201/BNS 238 apply to deleting digital evidence?
Yes — Section 201 covers causing any 'evidence' to disappear. After the IT Act 2000, digital evidence (WhatsApp messages, call logs, CCTV footage) is fully within scope. Digital evidence destruction with intent to screen an offender falls under Section 201/BNS 238.
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