Destruction of document or electronic record to prevent its production as evidence
Section 241 of the Bharatiya Nyaya Sanhita, 2023 deals with destruction of document or electronic record to prevent its production as evidence. Whoever secretes or destroys any document or electronic record which he may be lawfully compelled to produce as evidence in a Court or in any proceeding lawfully held before a public servant, as such, or obliterates or renders illegible the whole or any part of such document or electronic record wit The Act came into force on 01 Jul 2024.
Whoever secretes or destroys any document or electronic record which he may be lawfully compelled to produce as evidence in a Court or in any proceeding lawfully held before a public servant, as such, or obliterates or renders illegible the whole or any part of such document or electronic record with the intention of preventing the same from being produced or used as evidence before such Court or public servant as aforesaid, or after he shall have been lawfully summoned or required to produce the same for that purpose, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine which may extend to five thousand rupees, or with both.
Section 241, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 204 Destruction of document to prevent its production as evidence Text carried over almost unchanged 85%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
How this offence is classified
From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| Secreting or destroying any document to prevent its production as evidence. | Imprisonment for 3 years, or fine of 5,000 rupees, or both. | Non-cognizable. | Bailable. | Magistrate of the first class. |
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Arjun Himagiri vs State of Kerala
Decided under Indian Penal Code 204, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When the complainant has withdrawn her grievance, the parties have amicably settled their dispute, the prosecution has no serious objection, no public interest is involved, and no fruitful purpose would be served by proceeding with the case, the High Court may exercise its inherent powers under Section 482 CrPC to quash the charge sheet in the interest of justice and to secure the ends of justice.
On this section: Destruction of document to prevent its production as evidence - one of the charges against the accused
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 241
What have the courts held on Section 241 of the Bharatiya Nyaya Sanhita?
Arjun Himagiri vs State of Kerala (09 Apr 2021) is the leading judgment on this section among those set out below, though it was decided under IPC 204, which this section replaced -- the court never mentioned this Act: Destruction of document to prevent its production as evidence - one of the charges against the accused.
Is Section 241 of the Bharatiya Nyaya Sanhita bailable?
Bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 241 of the Bharatiya Nyaya Sanhita cognizable?
Non-cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Magistrate of the first class.
How do I find court cases under Section 241 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 241, section 241 BNS, section 241 of the Bharatiya Nyaya Sanhita. People searching for it also type 241 bns in ipc and 241 bns punishment. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Arjun Himagiri vs State of Kerala (09 Apr 2021).
What should I read with Section 241 of the Bharatiya Nyaya Sanhita, and has it changed?
It carries forward IPC 204 (Destruction of document to prevent its production as evidence), so the judgments decided under that provision are the case law on this one.
When did Section 241 of the Bharatiya Nyaya Sanhita come into force?
Section 241 of the Bharatiya Nyaya Sanhita, cited as BNS 241, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions2199 words
- 356. Defamation1543 words
- 335. Making a false document1318 words
- 101. Murder1177 words
- 303. Theft1104 words
- 3. General explanations858 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.