International Journal For Multidisciplinary Research

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Understanding BNS Sections 238 and 61(2): Evidence Tampering, Supplying False Information to Protect a Criminal, and Police Accountability

Author(s) Md. Imran Wahab, IPS
Country India
Abstract This paper provides a detailed analysis of Sections 238 and 61(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS), focusing on the implications of tampering with evidence or providing false information to protect a criminal, especially concerning the responsibilities of police officers. Those who deliberately obliterate, remove, destroy or conceal evidence related to a crime or offer false information to shield an offender face penalty under Section 238 BNS, where the severity varies based on the nature of the offence, potentially resulting in a prison sentence of up to seven years and a fine. In addition, Section 61(2) BNS in this regard addresses issues related to criminal conspiracy between two or more persons in order to destroy or temper with evidence or furnish false information to shield a criminal from arrest or criminal liability and stipulates punishment commensurate with the seriousness of the offence. It also underscores the importance of investigating police officers' safety and the need to adhere to ethical and investigative standards. The study highlights the crucial role of honesty and transparency within law enforcement to promote accountability and uphold the principles of justice.
Keywords Bharatiya Nyaya Sanhita, Section 238 BNS, Evidence tampering, Criminal conspiracy, False information, Section 61(2) BNS, Criminal justice, Integrity in law enforcement, Police accountability.
Field Sociology > Administration / Law / Management
Published In Volume 6, Issue 6, November-December 2024
Published On 2024-11-12
Cite This Understanding BNS Sections 238 and 61(2): Evidence Tampering, Supplying False Information to Protect a Criminal, and Police Accountability - Md. Imran Wahab, IPS - IJFMR Volume 6, Issue 6, November-December 2024. DOI 10.36948/ijfmr.2024.v06i06.30417
DOI https://doi.org/10.36948/ijfmr.2024.v06i06.30417
Short DOI https://doi.org/g8qthd
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