Concealing design to commit offence punishable with imprisonment
Whoever, intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with imprisonment, voluntarily conceals, by any act or illegal omission, 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 the description provided for the offence, for a term which may extend to one-fourth; and
(b) if the offence be not committed, to one-eighth, of the longest term of such imprisonment, or with such fine as is provided for the offence, or with both.
Example :
If Vijay learns that a robbery is being planned and is about to be executed and hides this information from the authorities in order to help the robbery take place, Vijay will be punished under this Section if the robbery happens with up to one-fourth of the maximum sentence for robbery.
Key Points on BNS-60
BNS-60 addresses the punishment for concealing a plan to commit an offence punishable with imprisonment, even if the offence is not carried out. The section outlines the penalties based on whether the offence is committed or not. Below are the important points and definitions:
1. Facilitation and Concealment of Offence
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Facilitation: The person must intend to facilitate the offence or know that their actions or omissions are likely to facilitate the offence.
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Voluntary Concealment: The person deliberately hides the existence of a criminal plan to commit an offence punishable with imprisonment.
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Act or Illegal Omission: This concealment can be done by performing an action or by failing to act when required to do so by law.
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2. False Representations
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False Representation: If the person makes a statement or claim they know to be false regarding the existence of the plan to commit the offence, they can be held liable under this section.
3. Offence Punishable with Imprisonment
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The section specifically applies to offences that are punishable by imprisonment, which includes a wide range of criminal activities.
4. Punishment Based on Offence Outcome
The penalties under this section depend on whether the offence is committed or not:
(a) If the Offence is Committed
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One-Fourth of the Longest Term: If the offence is committed, the person who concealed the plan can be punished with imprisonment for up to one-fourth of the maximum term provided for that offence.
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Fine: In addition to imprisonment, a fine may also be imposed.
(b) If the Offence is Not Committed
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One-Eighth of the Longest Term: If the offence is not committed, the person may still be punished with imprisonment for up to one-eighth of the maximum term provided for that offence.
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Fine: A fine may also be imposed in cases where the offence is not carried out, or the individual may face both imprisonment and fine.
5. Types of Offences Covered
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This section applies broadly to any offence punishable by imprisonment, regardless of the specific nature of the offence.
Key Takeaways
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Intent to Facilitate: The person must have the intention or knowledge that their concealment of information will facilitate the commission of an offence punishable by imprisonment.
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Punishment for Concealment: Even if the crime is not actually committed, the person can still be punished for the attempt to conceal the offence or for making false statements about it.
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Graded Punishment:
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One-Fourth Imprisonment: If the offence is committed, the punishment can extend to one-fourth of the maximum imprisonment term for the offence.
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One-Eighth Imprisonment: If the offence is not committed, the punishment is reduced to one-eighth of the maximum imprisonment term.
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Fines and Imprisonment: The person may also be subject to fines in addition to imprisonment, or both penalties together.
Summary
BNS-60 focuses on individuals who voluntarily conceal plans to commit offences punishable by imprisonment. It holds them liable even if the offence is not committed. The section provides graded penalties based on whether the offence is actually carried out, with stricter punishments for offences that are completed. This reinforces the legal requirement to disclose information and prevent criminal activities from being hidden.
Offence : Concealing a design to commit an offence punishable with imprisonment, if offence be 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 : 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 not committed.
Punishment : Imprisonment extending to one-eighth part 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.
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