Penal Code Section 201 Details: Bailable/Non-bailable, Cognizable/Non-cognizable

A) Details: Section 201 of the Bangladesh Penal Code deals with the offence of causing disappearance of evidence of an offence. This section provides punishment for any person who, knowing 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.

B) Punishment: The punishment for the offence under Section 201 of the Bangladesh Penal Code is imprisonment for a term which may extend to seven years, and fine.

C) Bailable or Non-bailable: This offence is Non-bailable.

D) Cognizable or non-cognizable offense: This offence is Cognizable.

E) Offence ingredients: The essential ingredients of the offence under Section 201 of the Bangladesh Penal Code are as follows:

1. The accused knew or had reason to believe that an offence had been committed.
2. The accused caused evidence of the commission of that offence to disappear.
3. The accused did so with the intention of screening the offender from legal punishment.

F) What Needs to be Proved: To prove an offence under Section 201 of the Bangladesh Penal Code, it must be established beyond reasonable doubt that the accused had knowledge of the commission of an offence, caused the evidence of the commission of the offence to disappear, and did so with the intention of screening the offender from legal punishment.

F) Defence: The accused can defend himself by proving that he had no knowledge of the commission of the offence, or that he did not cause any evidence of the commission of the offence to disappear. The defence can also argue that the accused did not have any intention to screen the offender from legal punishment.

G) Top 10 Case Laws:

1. State vs. Sheikh Enayet Hossain and others (2009) 61 DLR (AD) 24
2. State vs. Ahmed Hasan (2011) 63 DLR (AD) 1
3. State vs. Afsar Uddin (1999) 4 BLC 69
4. State vs. Kafiluddin Ahmed (1987) 39 DLR 71
5. State vs. Saiful Islam and others (2010) 62 DLR (AD) 41
6. State vs. Md. Abul Kashem (2008) 60 DLR (AD) 143
7. State vs. Moklesur Rahman (2004) 56 DLR (AD) 61
8. State vs. Mohd. Firoz and others (2001) 53 DLR (AD) 144
9. State vs. Nazrul Islam (1993) 45 DLR (AD) 164
10. State vs. Md. Abdul Hamid (1996) 48 DLR (AD) 101