Section 236 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 236 of the Bharatiya Nyāya Saṃhitā (BNS), 2023, under Chapter XIV: False Evidence & Offences against Public Justice:
🧾 Section 236 – Causing Disappearance of Evidence or Giving False Information to Screen an Offender
Key Provision:
“Whoever, knowing or believing that an offence has been committed, causes any evidence of the commission of that offence to disappear, with the intention to screen the offender, or gives any information about the offence which he knows or believes to be false, shall be punished as follows” (myjudix.com):
(a) If the known offence is punishable by death → imprisonment up to 7 years, plus fine.
(b) If the known offence is punishable with life imprisonment, or up to 10 years → imprisonment up to 3 years, plus fine.
(c) For offences punishable with less than 10 years of imprisonment → imprisonment up to ¼ the maximum term of the substantive offence, or fine, or both.
(myjudix.com)
Illustration Example:
“A, knowing that B murdered Z, assists B to hide the body to shield him from punishment. A may be imprisoned for up to 7 years, and fined.” (myjudix.com)
📌 Summary Table of Punishments
| Offence Punishment Category | BNS Sec 236 Penalty |
|---|---|
| Death penalty offence | Up to 7 years + fine |
| Life / up to 10 years | Up to 3 years + fine |
| Below 10 years | Up to ¼ of that term, or fine, or both |
🧭 Comparison with IPC (Section 195A/201)
The Indian Penal Code similarly addresses:
Section 201: Causing disappearance of evidence or giving false information to screen offenders, punishable with up to seven years, depending on the gravity of the underlying offence.
BNS aligns with IPC in intent and structure, but refines penalties by clearly tiering them based on the severity of the underlying offence.
(lawrato.com, myjudix.com, nyayasanhita.schoolnxg.com)
👩⚖️ Legal Implications
Mens rea required: One must know or believe an offence occurred, and act with the intention to shield the offender.
Scope: Covers both physical acts (destroying or hiding evidence) and verbal acts (providing false statements to authorities).
Applicability: Punishment is calibrated to the seriousness of the underlying crime.
Procedural aspects: It is likely cognizable, non-bailable, and triable by the Sessions Court, consistent with related provisions (though the BNS text doesn’t specify explicitly).
✅ In summary:
Section 236 BNS targets active concealment of offences—whether by destroying evidence or lying—to protect an offender. The punishment depends directly on how serious the original wrongdoing is, with a maximum of seven years’ jail (plus fine) for the most severe crimes.
RELATED Blog
0 comments