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Queen-Empress vs Abdul Kadir And Anr. on 15 July, 1886

The first paragraph of s. 201 lays down the essential ingredients of the offence under s. 201. It must be proved first that an offence has been committed. See Palvinder Kaur v. State of Punjab(1) and Empress of India v. Abdul Kadir(2). Secondly, the accused must know or have reason to believe that the offence has been committed. Thirdly, the accused must either cause any evidence of the commission of that offence to disappear or give any information respecting the offence which he knows or believes to be false. Fourthly the accused must have acted with the intention of screening the offender from legal punishment. By the second, third and fourth paragraphs, the measure of the punishment is made to depend upon the gravity of the offence. The word " offence" wherever used in the first, second, third and fourth paragraphs means some real offence, which, in fact, has been committed and not some offence which the accused imagines has been committed. The punishment depends upon the gravity of the offence which was committed and which the accused knew or had reason to believe to have been committed. If an accused on seeing blood marks on the ground-made as a result of an offence punishable under s. 323, erases the blood marks with the intention (1) [1953] S.C.R. 94, 102.
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