INDIAN PENAL CODE, 1860
BHARATIYA NYAYA SANHITA, 2023
119. Public servant concealing design to commit offence which it is his
59. Public servant concealing design to commit offence which it is his duty to prevent.
changed or removed in old law
changed or added in new law
Similar wording stays plain; only differences are highlighted.
INDIAN PENAL CODE, 1860
Public servant concealing design to commit offence which it is his
duty to prevent.
119. 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, 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.
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.
if offence be punishable with death, etc.--or, if the offence be
punishable with death or 1*[imprisonment for life], with
imprisonment of either description for a term which may extend to ten
years;
if offence be not committed.
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.
Illustration
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 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.
Repealed / historical reference India Code — IPC 1860
BHARATIYA NYAYA SANHITA, 2023
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 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.
Illustration.
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.
Current law India Code — BNS 2023