Indian Penal Code, 1860 - Pre-BNS legal position
Section 201 IPC: Causing Disappearance of Evidence or Giving False Information to Screen an Offender
Text and Meaning of Section 201 IPC
Section 201 applied where a person, knowing or having reason to believe that an offence had been committed, caused evidence of that offence to disappear with the intention of screening the offender from legal punishment, or, with the same intention, gave information concerning the offence which the person knew or believed to be false.
The punishment depended upon the seriousness of the underlying offence that the accused knew or believed had been committed.
Essential Ingredients of the Offence
For liability under Section 201 IPC, the prosecution was required to establish the necessary factual and mental elements. In substance, the following ingredients had to be proved:
- An offence had in fact been committed.
- The accused knew or had reason to believe that the offence had been committed.
- The accused caused evidence of that offence to disappear, or gave information relating to the offence which the accused knew or believed to be false.
- The act was done with the intention of screening the offender from legal punishment.
Mere suspicion that an offence had been committed was not enough. The intention to screen the offender was a material element; it was not sufficient merely to show that the conduct could have had the effect of helping the offender.
Punishment Under Section 201 IPC
| Underlying offence | Punishment under Section 201 IPC |
|---|---|
| Offence punishable with death | Imprisonment of either description up to 7 years and fine. |
| Offence punishable with imprisonment for life, or imprisonment which may extend to 10 years | Imprisonment of either description up to 3 years and fine. |
| Offence punishable with imprisonment for a term not extending to 10 years | Imprisonment of the description provided for the underlying offence, up to one-fourth of the longest term provided for that offence, or fine, or both. |
Illustration
The statutory illustration gives the example of A knowing that B has murdered Z and assisting B to hide Z's body with the intention of screening B from punishment. Under the IPC formulation, A was liable under Section 201 and, because the underlying offence was murder punishable with death, the prescribed imprisonment could extend to seven years in addition to fine.
What Amounted to Causing Evidence to Disappear?
The provision was directed at an intentional act affecting evidence of an already committed offence. Depending on the facts, conduct such as concealing or disposing of a body, destroying or hiding an incriminating object, removing traces of the offence, or otherwise making material evidence unavailable could fall within the provision when accompanied by the required knowledge and intention.
The prosecution still had to connect the accused's act with evidence of the underlying offence and prove the specific intention to screen the offender. The fact that evidence disappeared was not, by itself, sufficient to establish every ingredient of Section 201.
Giving False Information to Screen the Offender
Section 201 also covered a person who, with the intention of screening an offender, gave information respecting the offence which that person knew or believed to be false. The mental element therefore involved both the falsity known or believed by the accused and the purpose of shielding the offender from legal punishment.
Judicial Principles
The Supreme Court has repeatedly treated proof of the underlying offence, the accused's knowledge or reason to believe, the relevant act of disappearance or false information, and the intention to screen the offender as essential. A conviction cannot rest merely on suspicion, however strong. The Court has also explained that active participation in causing disappearance of evidence, coupled with the required intention, must be established on the evidence in the particular case.
Section 201 and Acquittal of the Accused from the Main Offence
A charge under Section 201 was conceptually distinct from liability for committing the principal offence. Depending on the evidence and findings in a case, a person could be dealt with for causing disappearance of evidence even where that person was not convicted of the principal offence, provided the prosecution proved that the underlying offence had been committed and proved the ingredients of Section 201 against that person.
Historical Note
The words relating to imprisonment for life in the punishment clause reflected an amendment made by Act 3 of 1894, section 6. The provision formed part of Chapter XI of the IPC, dealing with false evidence and offences against public justice.
This page explains the IPC provision in its pre-BNS context. Application of criminal law depends on the date of the alleged conduct, the governing saving and transition provisions, and the facts of the case.