Section 203 of the Bharatiya Nyaya Sanhita (BNS), 2023
🧾 Bare Understanding of Section 203 (BNS), 2023
Section 203 of the BNS, 2023 punishes anyone who:
Destroys or hides evidence, or
Gives false information to protect an offender,
with the intention to screen the offender from legal punishment.
📚 Detailed Breakdown
✅ Essentials of the Offence:
There must be an offence committed
(e.g., theft, murder, cheating, etc.)
The accused (i.e., the person charged under Section 203) must:
Cause disappearance of evidence related to that offence, or
Provide false information to authorities, or
Intentionally help the actual offender escape punishment
Intention is key
The person must have done the act knowingly or intentionally to protect the real offender.
🔢 Punishment Depends on the Gravity of the Original Offence
Section 203 uses a graded punishment system, meaning the punishment depends on the severity of the offence being covered up:
| If the main offence is punishable with... | Punishment under Section 203 |
|---|---|
| Death | Imprisonment up to 7 years + Fine |
| Life imprisonment or ≥ 10 years | Imprisonment up to 3 years + Fine |
| Less than 10 years | Imprisonment up to 1/4th of the max term for that offence + Fine |
📌 Important Notes:
The section does not apply if the person is legally bound to withhold information (like lawyer-client privilege).
It covers everyone—not just witnesses or officials—even a common citizen can be punished under this section if they help hide the crime or the criminal.
The act must be done after the offence is committed, not before.
🧠 Example for Clarity:
Murder Case:
X commits murder. His friend Y buries the murder weapon to hide it from the police.
Since murder is punishable by death, Y can be punished under Section 203 with up to 7 years’ imprisonment and fine.
Theft Case:
A commits theft. His sister gives false testimony to police saying he was with her at the time.
Theft usually has a max punishment of 3 years.
Under Section 203, she can get up to 9 months (¼ of 3 years) + fine.
🧾 Conclusion:
Section 203 of the Bharatiya Nyaya Sanhita, 2023 targets those who assist in covering up a crime, especially by destroying evidence or lying to protect the offender. It ensures that not just the offender, but also those who help the offender escape justice, can be held accountable under law.
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