IPC 201 → BNS 238: Disappearance of Evidence

Quick Summary: IPC 201 vs BNS 238

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 201 addresses disappearance of evidence, part of the IPC's offences against public justice — false evidence, fabrication, screening offenders and similar interference with the justice process. These are carried into the BNS with the same structure, and disappearance of evidence is now prosecuted as BNS 238, protecting the integrity of investigations and trials in its own right.

What did IPC 201 cover?

IPC 201 dealt with disappearance of evidence — causing disappearance of evidence of offence, or giving false information to screen offender. Until 30 June 2024, every FIR and criminal trial for this offence was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 238: What changed in the new law?

Highly used section in murder cases. From 1 July 2024, new complaints relating to disappearance of evidence are filed under BNS Section 238, while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 238

Same

Practical implications for advocates, police & citizens

• Advocates: In a disappearance of evidence matter, intention and the materiality of the false statement are decisive; ensure the complaint cites BNS 238 and meets the pre-conditions for prosecuting court-related offences.
• Police officers: Document the false statement or fabricated evidence precisely — the disappearance of evidence offence is now BNS 238.
• Law students & citizens: Lying on oath, forging evidence or helping an offender escape — the conduct behind disappearance of evidence — is punishable separately from the main case.