BNS Section 58 — Concealing design to commit offence punishable with death or imprisonment for life

CHAPTER IV OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT — of abetment

Criminal

Summary

This section deals with a person who hides or misrepresents information about a plan to commit a very serious crime, such as one punishable by death or life imprisonment. The person must act voluntarily, meaning they do so on their own choice, and they must either intend to help the crime happen or know that their actions are likely to help it happen. The hiding can be done through any act or omission, or by using encryption or any other tool that hides information. The person can also be covered by this section if they make a false representation about the plan, knowing it to be false.

If the planned offence is actually committed, the person who concealed the design or made the false representation shall be punished with imprisonment of either description for a term which may extend to seven years.

If the planned offence is not committed, the person shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

The illustration gives an example: A knows that dacoity is about to be committed at place B, but falsely informs the Magistrate that it is about to be committed at place C, which is in the opposite direction. This misleads the Magistrate with the intent to facilitate the offence. The dacoity is then committed at B as planned. A is punishable under this section.

Official Text

Whoever intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with death or imprisonment for life, 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 that offence be committed, be punished with imprisonment of either description for a term which may extend to seven years; or

(b) if the offence be not committed, with imprisonment of either description, for a term which may extend to three years, and shall also be liable to fine.

Illustration. A, knowing that dacoity is about to be committed at B, falsely informs the Magistrate that a dacoity is about to be committed at C, a place in an opposite direction, and thereby misleads the Magistrate with intent to facilitate the commission of the offence. The dacoity is committed at B in pursuance of the design. A is punishable under this section.

Related Judgments

  • SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
  • SC (2025) Vol.6 p.280 — Supreme Court of India (2025)
  • SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
  • SC (2025) Vol.3 p.1531 — Supreme Court of India (2025)
  • SC (2024) Vol.10 p.930 — Supreme Court of India (2024)
  • SC (2025) Vol.2 p.80 — Supreme Court of India (2025)
  • SC (2024) Vol.8 p.670 — Supreme Court of India (2024)
  • SC (2025) Vol.9 p.283 — Supreme Court of India (2025)

Old <-> New Code Mapping

  • IPC §118 — Concealing design to commit offence punishable with death or imprisonment for life