Law and You > Criminal Laws > Indian Penal Code > Causing Disappearance of Evidence (S. 201 IPC)
Section 201 IPC:
Causing Disappearance of Evidence of Offence, or Giving False Information to Screen Offender:
Whoever, knowing or having reason to believe that an offence has been committed, causes any evidence of the commission of that offence to disappear, with the intention of screening the offender from legal punishment, or with that intention gives any information respecting the offence which he knows or believes to be false,
if a capital offence.—shall, if the offence which he knows or believes to have been committed is punishable with death be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;
if punishable with imprisonment for life.—and if the offence is punishable with 1 [imprisonment for life], or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine;
if punishable with less than ten years’ imprisonment.—and if the offence is punishable with imprisonment for any term not extending to ten years, shall be punished with imprisonment of the description provided for the offence, for a term which may extend to one-fourth part of the longest term of the imprisonment provided for the offence, or with fine, or with both.
Illustration:
A, knowing that B has murdered Z, assists B to hide the body with the intention of screening B from punishment. A is liable to imprisonment of either description for seven years, and also to fine.
Section 201 of the Indian Penal Code prescribes punishment for causing disappearance of evidence of offence or giving false information to screen offender in case of capital offence which is imprisonment up to 7 years and also with fine, in case of offence punishable imprisonment for life or with imprisonment for a term upto 10 years which is imprisonment up to 3 years and also with fine, and in another cases which is imprisonment up to 1/4th of the longest term of imprisonment provided for the said offence or with fine or with both.
Ingredients of Section 201:
- An offence has been committed;
- The accused knew or had reason to believe that such offence has been committed;
- The accused caused disappearance of the evidence thereof;
- The accused gave false information in respect thereof;
- The accused knew or had reason to believe the same to be false;
- The accused did so with intention to screen the same to be false;
- For aggravating circumstances, the offence in question was punishable with death or imprisonment for life or with imprisonment extending to 10 years.
In Arbind Singh vs. State, AIR 1994 SC 1068 case, the Court held that in the absence of mens rea in the sense of the accused having knowledge that the deceased had been murdered and it was not a case of natural death and they knowingly became privy to the destruction of evidence, they cannot be convicted under this section
In State vs. Moadesha, 2007 (7) SCC 35 case, the Court held that the offence of causing disappearance of evidence is sustainable even if the main offence is not established.
For More Articles on Indian Penal Code Click Here