IPC Section 202
IPC Section 201 – Causing the disappearance of evidence of offence, or giving false information to screen offender
Exact Provision (Simplified):
“Whoever, knowing that an offence has been committed, causes any evidence of the offence to disappear or gives false information to protect the offender, shall be punished.”
Key Elements of Section 201
Knowledge of the offence
The person must know that an offence has been committed.
Without this knowledge, Section 201 cannot apply.
Example: If someone unknowingly destroys evidence, they are not liable under this section.
Acts covered under Section 201
Section 201 criminalizes two types of acts:
(a) Causing disappearance of evidence
Example: Destroying, hiding, or tampering with a weapon used in a murder.
Goal: Prevent the offender from being punished.
Example: Lying to police to mislead them or protect the offender.
Even giving misleading information to help the offender escape falls under this.
Mens Rea (Intention)
The act must be intentional.
The intention should be to screen the offender from legal punishment.
Accidental destruction or false information without intent does not attract Section 201.
Punishment under Section 201
If the offence is punishable with death, imprisonment for life, or rigorous imprisonment ≥ 7 years:
Punishment = Imprisonment up to 7 years + fine.
If the offence is punishable with imprisonment < 7 years or fine only:
Punishment = Imprisonment up to 3 years + fine.
In short: More serious the original offence, harsher the punishment for destroying evidence.
Important Points / Legal Principles
Relation with the original offence
Section 201 does not punish the original crime; it punishes the act of concealing or tampering with evidence.
Does not require success
Even if the attempt to screen the offender fails, Section 201 still applies.
For example, lying to the police but the offender is caught anyway.
Who can be punished
Any person who helps the offender intentionally.
Could be a family member, friend, or acquaintance.
Distinction from abetment
Abetment (Section 107 IPC) = Encouraging or helping in committing the crime.
Section 201 = Helping after the crime is committed to protect the offender.
Illustration / Examples
A person witnesses a murder. He destroys the murder weapon to prevent the murderer from being caught. → Punishable under Section 201.
A friend of a thief lies to police about the thief’s whereabouts after a theft. → Punishable under Section 201.
A neighbor accidentally throws away a document without knowing it’s evidence of a crime. → Not punishable under Section 201 (no intent).
Summary
| Aspect | Details |
|---|---|
| Act | Causing disappearance of evidence or giving false info |
| Knowledge | Must know the offence has been committed |
| Intent | Must intend to screen the offender |
| Punishment | Up to 7 years + fine (if serious crime), otherwise up to 3 years + fine |
| Key Point | The crime is independent of the original offence |
In simple words: Section 201 punishes anyone who tries to save a criminal from being caught by destroying evidence or misleading the authorities.
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