BNS Section 59 — Public servant concealing design to commit offence which it is his duty to prevent

Summary

This section applies to a public servant who hides information about a planned offence that it is their duty to prevent. The hiding can be done by any act, by not doing something, or by using encryption or any other tool to hide information. The public servant must either intend to help the offence happen or know that hiding the information is likely to help it happen. The section also covers a public servant who makes a false statement about such a plan.

Under clause (a), if the planned offence is actually committed, the public servant can be punished with imprisonment of any type allowed for that offence, for a term up to half of the longest imprisonment term for that offence, or with the fine provided for that offence, or with both.

Under clause (b), if the planned offence is punishable with death or imprisonment for life, the public servant can be punished with imprisonment of either description for a term up to ten years.

Under clause (c), if the planned offence is not committed, the public servant can be punished with imprisonment of any type allowed for that offence, for a term up to one-fourth of the longest imprisonment term for that offence, or with the fine provided for that offence, or with both.

The illustration gives an example: a police officer who is legally bound to report all plans for robbery, and who knows that someone plans to commit robbery but does not report it to help the robbery happen, has hidden the plan by an illegal omission and is liable to punishment under this section.

Official Text

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.

Related Judgments

• SC (2025) Vol.3 p.1309 — 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 (2025) Vol.6 p.280 — Supreme Court of India (2025)
• SC (2025) Vol.9 p.283 — Supreme Court of India (2025)
• SC (2024) Vol.8 p.670 — Supreme Court of India (2024)
• SC (2025) Vol.4 p.2730 — Supreme Court of India (2025)
• SC (2024) Vol.10 p.930 — Supreme Court of India (2024)

Old <-> New Code Mapping

• IPC §119 — Public servant concealing design to commit offence which it is his duty to prevent