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INDIAN KANOON SECTION 119 IPC - Indian Penal Code - Public servant concealing design to commit offence which it is his duty to prevent


Description

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, the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design:

If offence be committed ? shall, 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;

If offence be punishable with death, etc ? or, 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;

If offence be not committed ? or, 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.


Applicable Offences

1. A public servant concealing a design to commit an offence which it is his duty to prevent, If The offence be committed

Punishment - Half of Offence or Fine or Both
This is a Same As Offence, Same As Offence offence and triable by Same As Offence

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

Punishment - 10 Years
This is a Non-Bailable, Same As Offence offence and triable by Same As Offence

3. If the offence be not committed

Punishment - One-Fourth of Offence or Fine or Both
This is a Same As Offence, Same As Offence offence and triable by Same As Offence

This offence in NOT compoundable.

1. If an offence is cognizable, police has the authority to arrest the accused without a warrant and to start an investigation with or without the permission of a court. Otherwise police does not have the authority to arrest the accused without a warrant and an investigation cannot be initiated without a court order.

2. If an offience is bailable, police has the authority to release the accused on bail on getting the defined surety amount along with a duly filled bail bond at the concerned police station. Otherwise arrested person has to apply for bail before a magistrate or court

3. If an offence is compoundable, a compromise can be done between the accused and the victim, and a trial can be avoided. Otherwise, No compromise is allowed between the accused and the victim except under certain situations, where the High Court or the Supreme Court have the authority for quashing a matter.


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