Secreting or Destroying a Document or Electronic Record Under the BNS (Section 241): IPC 204 Mapping (2026)
What destroying a document or electronic record to prevent its production as evidence means under the Bharatiya Nyaya Sanhita, 2023, which IPC section it replaces, the punishment, and whether it is cognizable and bailable. Last verified October 2026.
Explainer · BNS · Offences Against Public Justice
Evidence can be destroyed as easily as a file is deleted or a letter is burnt. When a person gets rid of a document to keep a court or an investigator from seeing it, the law treats that as an offence against public justice, because it attacks the fact-finding the system depends on. Since 1 July 2024 the Bharatiya Nyaya Sanhita, 2023 (BNS) has replaced the Indian Penal Code (IPC), and destroying a document to prevent its production as evidence, the old Section 204 of the IPC, is now Section 241 of the BNS. This explainer sets out what Section 241 covers, which old IPC section it replaces, the punishment, and whether the offence is cognizable and bailable. Last verified October 2026.
- New code: destroying a document or electronic record to prevent its production as evidence is Section 241 of the Bharatiya Nyaya Sanhita, 2023.
- Old code: it replaces Section 204 of the Indian Penal Code, 1860.
- Punishment: imprisonment up to 3 years, or fine up to Rs 5,000, or both.
- What is new: the offence expressly covers an electronic record, not only a paper document.
- Classification: non-cognizable, bailable, triable by a Magistrate of the first class.
01The problem: making evidence disappear
A case is decided on evidence. If a party can quietly destroy a document that would have been produced, the truth is lost before the court ever sees it. The law meets this by punishing the act of making the document disappear, when it is done to stop the document being used as evidence. It is the evidence-destroying companion to the offence of giving false evidence.
The practical issue today is the number. For generations this was Section 204 of the Indian Penal Code, 1860. From 1 July 2024 it is Section 241 of the BNS. A charge drawn today uses Section 241, while older authorities are indexed under Section 204 of the IPC.
Destroying a document or electronic record to prevent its production as evidence is now Section 241 of the BNS, the old Section 204 of the IPC.
02What Section 241 says
Section 241 of the BNS punishes whoever secretes or destroys any document or electronic record which they may be lawfully compelled to produce as evidence in a court or before a public servant, or who obliterates or renders illegible the whole or any part of such a document or electronic record, with the intent to prevent it from being produced or used as evidence. The key ideas are:
- A document or electronic record that the person may be lawfully compelled to produce as evidence.
- An act of hiding, destroying, obliterating, or defacing it.
- Done with the intent to prevent its production or use as evidence in a court or before a public servant.
The intent is the heart of the offence. Routine disposal of papers is not caught; what is punished is getting rid of a record in order to keep it out of evidence, including after the person is under a legal duty to produce it.
Part of the public-justice group
This offence sits with the other offences that attack the process of justice. See the explainers on fabricating false evidence under Section 233 and screening an offender under Section 238.
03The old-to-new mapping
The mapping is a direct carry-over of the offence to a new number, with the text updated for electronic records.
| New code (BNS, 2023) | Old code (IPC, 1860) | What it covers |
|---|---|---|
| Section 241 | Section 204 | Destroying a document or electronic record to prevent its production as evidence |
So a person searching for "section 204 ipc in bns" is looking for Section 241 of the BNS. A charge drawn today uses Section 241, while older authorities are indexed under Section 204 of the IPC, so a full search covers both.
04Punishment and classification
The punishment under Section 241 is imprisonment of either description for a term which may extend to three years, or a fine which may extend to five thousand rupees, or both.
On classification, the offence is non-cognizable, so the police generally need a Magistrate’s order before they investigate. It is bailable, so the accused can usually be released on bail as of right. It is triable by a Magistrate of the first class.
05What changed: electronic records
The main change is modernisation. The BNS expressly brings an electronic record within the offence, so deleting, hiding, or corrupting an email, a file, or other electronic evidence to keep it out of a proceeding is covered in the same way as burning a paper. This fits the wider move in the new codes to treat electronic records as evidence, reflected in the Bharatiya Sakshya Adhiniyam, 2023.
The rest of the offence, the duty to produce, the acts of destruction or defacement, and the intent to keep the record out of evidence, is carried over from Section 204 of the IPC, so old case law still guides how Section 241 is read. For how electronic evidence is actually proved, see the explainer on electronic evidence under Section 63 of the BSA and the how-to on proving a WhatsApp chat or email in court.
06Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
A destruction-of-evidence charge grows out of a larger case and usually turns on how courts read intent and the duty to produce, so the research and the day-to-day tracking matter equally. Claw covers both. You can search more than 30 crore judgments and see the relevant ones in under five seconds, drawing on Supreme Court decisions from 1950 and High Court decisions from 1990, so authorities under Section 241 of the BNS, the old Section 204 of the IPC, and the newer rulings on electronic records all sit in one place. For the live matter, Claw watches cases, orders and hearings across 9,102 courts, benches and forums, by party name or advocate name.
Claw does not file the case, advise you, or train its AI models on your documents. Open a free Claw account to gather Section 241 authorities and track a live proceeding, and for the wider view see case search across Indian courts.
07Sources and further reading
- India Code (official text of the Bharatiya Nyaya Sanhita, 2023): indiacode.nic.in
- Ministry of Home Affairs (new criminal laws): mha.gov.in
- BNS Section 241 (reference text): devgan.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. Section numbers and punishments change through amendments and notifications, so check the current official text and take advice from counsel before you act.
08Frequently asked questions
Which section of the BNS covers destroying a document to prevent its production?
It is Section 241 of the Bharatiya Nyaya Sanhita, 2023. It punishes secreting, destroying, obliterating, or defacing a document or electronic record that one may be lawfully compelled to produce, with intent to keep it out of evidence. It replaced Section 204 of the IPC from 1 July 2024.
Which IPC section is now BNS Section 241?
Section 241 replaces Section 204 of the IPC. The offence is carried over, so a search for "section 204 ipc in bns" points to Section 241.
What is the punishment under Section 241 BNS?
Imprisonment of either description up to three years, or a fine up to five thousand rupees, or both.
Does Section 241 cover deleting electronic files or emails?
Yes. The BNS expressly includes an electronic record, so deleting, hiding, or corrupting an email or a file to keep it out of a proceeding is covered in the same way as destroying a paper document, provided the intent to prevent its use as evidence is present.
Is the offence cognizable or bailable?
It is non-cognizable, so the police usually need a Magistrate’s order to investigate, and it is bailable, so the accused can generally be released on bail as of right. It is triable by a Magistrate of the first class. Confirm the current classification against the First Schedule of the BNSS.
Can I find and track Section 241 cases in Claw?
Yes. Claw lets you search more than 30 crore judgments in under five seconds, so you can pull authorities under Section 241 of the BNS, the old Section 204 of the IPC, and the newer decisions on electronic records, and it tracks live cases, orders and hearings across 9,102 courts, benches and forums by party or advocate name. It supports the research and tracking, but does not file the case or give legal advice.