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BNS Section 59

Public servant concealing design to commit offence which it is his duty to prevent

Whoever, being a public servant, intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence which it is his duty as such public servant to prevent, voluntarily conceals, by any act or illegal omission or by the use of encryption or any other information hiding tool, the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design shall,

(a) if the offence be committed, be punished with imprisonment of any description provided for the offence, for a term which may extend to one-half of the longest term of such imprisonment, or with such fine as is provided for that offence, or with both; or
(b) if the offence be punishable with death or imprisonment for life, with imprisonment of either description for a term which may extend to ten years; or
(c) if the offence be not committed, shall be punished with imprisonment of any description provided for the offence for a term which may extend to one-fourth part of the longest term of such imprisonment or with such fine as is provided for the offence, or with both.

Illustrations

A, an officer of police, being legally bound to give information of all designs to commit robbery which may come to his knowledge, and knowing that B designs to commit robbery, omits to give such information, with intent to so facilitate the commission of that offence. Here A has by an illegal omission concealed the existence of B’s design, and is liable to punishment according to the provision of this section.


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Key Points on BNS-59

BNS-59 addresses the liability of public servants who intentionally or knowingly conceal plans to commit offences that they are duty-bound to prevent. The section specifies the punishment for such concealment, based on whether the offence is committed or not. Here are the important points and definitions:

1. Public Servant's Responsibility
 

  • Public Servant: A person holding a position of authority or duty in the public sector, such as law enforcement, government officials, or other public institutions.
     

  • Duty to Prevent: The public servant has a legal duty to prevent specific offences, especially those that fall within their jurisdiction or role.


2. Concealment of a Crime
 

  • Intentional Facilitation: The public servant must intend to facilitate the offence or know that their actions or omissions are likely to facilitate the offence.
     

  • Voluntary Concealment: This refers to a deliberate act or omission by the public servant to hide the existence of a plan to commit an offence. Concealment can be done in various ways:
     

    • Act or Illegal Omission: Either through an action or by failing to act where there is a legal obligation to do so.
       

    • Use of Encryption or Information Hiding Tools: Modern methods like encryption or other tools that hide information or communication related to the plan to commit the offence.


3. False Representations
 

  • False Representations: If the public servant makes a knowingly false statement or provides misleading information regarding the existence of the criminal plan, they can also be punished under this section.


4. Punishment Based on Offence Outcome

The penalties depend on whether the offence is committed, the type of offence, and the public servant's role:

(a) If the Offence is Committed
 

  • Imprisonment of up to half the longest term: The public servant can be punished with imprisonment for up to half of the maximum term provided for the committed offence.
     

  • Fine: In addition to imprisonment, they may also face a fine.
     

(b) If the Offence is Punishable by Death or Life Imprisonment
 

  • Up to 10 years of imprisonment: If the concealed offence is punishable by death or life imprisonment, the public servant can face up to 10 years of imprisonment.
     

(c) If the Offence is Not Committed
 

  • Up to one-fourth of the maximum term: If the offence is not committed, the public servant may still face imprisonment for up to one-fourth of the longest term prescribed for the offence.
     

  • Fine: They may also be liable to pay a fine.
     

5. Types of Offences
 

  • The section covers all offences, but the severity of punishment increases when the offence is punishable by death or life imprisonment. Even if the offence is not carried out, the public servant is still held accountable for concealing or failing to prevent the plan.
     

Key Takeaways
 

  1. Public Servant's Duty: The law emphasizes that public servants have a special responsibility to prevent offences and must not conceal or assist in hiding any criminal plans.

  2. Concealment and Facilitation: Public servants can be penalized not just for direct involvement in a crime, but for knowingly hiding information about it, whether through action or omission.

  3. Punishment Depends on the Outcome:

    • If the crime is committed: Up to half of the longest imprisonment term for the offence.

    • If the crime is punishable by death or life imprisonment: Up to 10 years in prison.

    • If the crime is not committed: Up to one-fourth of the longest term, along with a possible fine.


Summary

BNS-59 holds public servants accountable if they intentionally conceal plans to commit offences they are required to prevent. The section outlines penalties depending on whether the crime is committed or not, with harsher penalties for offences punishable by death or life imprisonment. Public servants may face imprisonment and fines even if the offence is not carried out, emphasizing their duty to report and prevent crimes.


Offence : A public servant concealing a design to commit an offence which it is his duty to prevent, if the offence be committed.


Punishment : Imprisonment extending to one-half of the longest term provided for the offence, or fine, or both.


Cognizable or Non-cognizable : According as offence abetted is cognizable or non-cognizable.


Bailable or Non-bailable : According as offence abetted is bailable or non-bailable.


By what Court triable : Court by which offence abetted is triable.


Offence : If the offence be punishable with death or imprisonment for life.


Punishment : Imprisonment for 10 years.


Cognizable or Non-cognizable : According as offence abetted is cognizable or non-cognizable.


Bailable or Non-bailable : Non-bailable.


By what Court triable : Court by which offence abetted is triable.


Offence : If the offence be not committed.


Punishment : Imprisonment extending to one-fourth of the longest term provided for the offence, or fine, or both.


Cognizable or Non-cognizable : According as offence abetted is cognizable or non-cognizable.


Bailable or Non-bailable : Bailable.


By what Court triable : Court by which offence abetted is triable.




Browse through our complete index of all BNS sections. Learn about the Bharatiya Nyaya Sanhita with our extensive resource that covers every section in detail.


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