Destruction of document or electronic record to prevent its production as evidence
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Summary
Secreting, destroying, obliterating or rendering illegible any document or electronic record that a person can be lawfully compelled to produce as evidence is an offence if done to prevent its production. It applies whether the act is before or after a lawful summons or requirement to produce. Punishment: up to three years imprisonment, fine up to Rs 5,000, or both.
Example
Priya is summoned to Court to produce sales invoices in a business dispute. She deletes the digital invoice files and destroys the paper copies to stop them being used as evidence. Under this section she can face up to three years imprisonment, a fine up to Rs 5,000, or both.
Bare Act
Enacted textWhoever 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.
BNSS Classification
- Imprisonment for 3 years, or fine of 5,000 rupees, or both.
- Non-cognizable
- Bailable
- Triable by Magistrate of the first class.
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