Indian Penal Code, 1860
Section 201
repealedCausing 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;
Why this exists
Colonial-era lawmakers included this provision to protect the integrity of criminal investigations and trials. Without it, people close to an offender—friends, family, accomplices—could freely destroy weapons, alter scenes, or mislead police without facing any consequence, making it much harder for the justice system to actually punish crimes. By criminalizing evidence destruction and false statements made to shield an offender, the law aims to preserve the truth-finding process itself, separate from punishing the original crime.
How courts read it
Indian courts have clarified that to convict under this section, the prosecution must first show that an offence was actually committed, and that the accused knew or had reason to believe this when acting. Courts have held that merely giving a false alibi or normal denial during police questioning is not automatically an offence unless done with clear intent to screen the real offender. Judgments have also stressed that suspicion or an innocent attempt to protect oneself (rather than another offender) does not satisfy this section's requirements.
Common misconceptions
- Myth: You can only be punished under this section if you committed the original crime yourself.
Fact: Courts have clarified this section targets people who help *someone else* escape punishment by hiding evidence or lying, even if they didn't commit the original offence themselves. - Myth: Any false statement to police automatically counts as an offence under this section.
Fact: Courts require that the false statement be made specifically to shield an offender from punishment, not merely due to fear, confusion, or self-protection unrelated to protecting another person.