Collection of evidence is the most crucial step for establishing a case against an offender. It is the first step that facilitates the investigation and the judicial proceedings. As the evidence and testimony are significant parts of an investigation, causing the disappearance of the evidence or giving false information is treated as an offense in the Indian Penal Code.
Offence for causing disappearance of evidence of offence or giving false information
Section 201 of the Indian Penal Code, 1860 deals with the punishment for causing the disappearance of evidence or giving false information to screen an offender. The section states that if someone is knowing or having a reason to believe that an offense was committed causes the disappearance of the evidence shall be punished under this section. Moreover, the section also states that giving false information related to the crime or to help the offender invade law is also punishable under this section.
Two Offenses
Section 201 deals with two offenses which are:-
- Causing the disappearance of an offence committed, with the intention of screening the offender from legal punishment.
- Giving false information respecting an offence committed with the intention of screening the offender from legal punishment.
Essential Ingredients
From the above explanation, we can say that the following factors are essential to determine an offense punishable under Section 201 of IPC.
- An offence has been committed;
- The accused knows or has reason to believe that the offence has been committed;
- With such knowledge or belief the accused has:
- Caused any evidence of the commission of the offence to disappears, or
- Given any information respecting the offence, which he knew or believed to be false; and
- The accused has done so with the intention of screening the offender from legal punishment.
Punishment
The punishment under Section 201 is divided into three parts depending upon the severity of the offense committed for which the evidence disappearance was caused, or false information was given.
- An offense punishable with death- If the accused is guilty under Section 201 and the crime in respect to that is punishable with death, the punishment is imprisonment ranging up to seven years with fine.
This is a Bailable, non-cognizable and non-compoundable offense triable by Court of Session.
- An offense punishable with imprisonment for life- If the accused is guilty under Section 201 and the crime in respect to that is punishable with imprisonment for life, the punishment is imprisonment ranging up to three years with fine.
This is a bailable, non-cognizable and non-compoundable offense triable by the Magistrate of the first class.
- Offense punishable not less than ten years’ imprisonment- If the accused is guilty under Section 201, and the crime in respect to that is punishable with imprisonment term, not more than ten years, the punishment is one-fourth of the maximum imprisonment with or without fine.
This is a bailable, non-cognizable and non-compoundable offense triable by the court by which the offence is triable.Â
Illustrations and cases
Here are some cases and illustrations that may help in understanding Section 201 better.
The simplest example one can give is - if someone helps their acquaintance hide a dead body to protect the murder the acquaintance has committed, the one helping hide the dead body is punishable with seven years of imprisonment with fine as the offense of murder is punishable with death.
In Bakhora Chowdhary v. State case, the Patna high court punished the husband and in-laws of the deceased even if they were acquitted of the murder charge as they had disposed of the body, potential evidence under suspicious circumstances.
Similarly, in Brij Kishor v. State case, the father in law was held guilty for lodging a false FIR of his daughter in law’s suicide as he was aware of the fact that she was murdered.
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