BNS Section 58: Legal Consequences of Concealing Plans for Severe Crimes

Amit Kapoor09 mins

Section in IPC – 118

Concealing design to commit offence punishable with death or imprisonment for life

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 illegal 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.

Illustrations

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.

Example :
Vijay, knowing that dacoity is about to be committed at Bank A , falsely informs the police that a dacoity is about to be committed at Bank B, a place in an opposite direction, and thereby misleads the police with intent to facilitate the commission of the offence. The dacoity is committed at Bank A. Vijay is punishable under this section. 

Key Points on BNS-58

BNS-58 pertains to the concealment of plans or designs to commit serious offences, particularly those punishable by death or life imprisonment. The provision holds accountable individuals who assist in concealing such plans, even if they are not directly involved in committing the offence itself. Below are the critical points and definitions as per the statute:

  1. Intention and Knowledge
    • Intent to Facilitate: The individual must have the intention to facilitate the commission of a grave offence or must possess knowledge that their actions are likely to assist in the commission of the offence.
    • Facilitation: This refers to aiding or assisting in some manner—not by directly committing the offence—but by aiding in the concealment of its preparation.
  2. Concealment
    • Concealment: The act of intentionally hiding or failing to disclose the existence of a plan or design to commit a serious offence.
    • Acts of Concealment: Concealment can be through physical acts such as hiding evidence or critical information, or through omissions, such as the failure to report or disclose relevant details.
    • Use of Modern Tools: The section specifically includes the use of modern tools such as encryption or any other methods for hiding information, extending its scope to digital means of concealing communications or data.
  3. False Representations
    • False Representation: The deliberate provision of false information regarding the offence or its design, which serves to mislead authorities or others, further concealing its existence.
  4. Punishment Based on Outcome
    • If the Offence is Committed:
      • Imprisonment for up to seven years: If the offence (which is punishable by death or life imprisonment) is successfully committed following the individual’s concealment, they may face imprisonment of either description—rigorous or simple—for up to seven years.
    • If the Offence is Not Committed:
      • Imprisonment for up to three years: Even if the offence is not ultimately carried out, the individual can still face imprisonment for up to three years due to their role in concealing the plan, in addition to a fine.
  5. Types of Offences Covered
    • The law is specifically concerned with offences that are punishable by death or life imprisonment, such as murder, terrorism, or other grave criminal acts.

Key Takeaways

  • Concealment with Intent: BNS-58 addresses cases in which an individual helps conceal plans for committing a serious crime, even if they are not directly involved in the commission of the crime.
  • Modern Tools of Concealment: The provision is highly relevant in the modern context, particularly addressing the use of encryption or other technological tools to hide information, thereby making the law applicable to digital crimes.
  • Severity of Punishment: The punishment under BNS-58 depends on whether the offence is committed:
    • Up to seven years of imprisonment if the offence is committed.
    • Up to three years of imprisonment if the offence is not committed, along with a fine.
  • False Information: Providing false information regarding the design or plan for the offence is also punishable under this provision.

Summary

BNS-58 criminalizes the concealment of designs to commit offences punishable by death or life imprisonment. It extends liability to individuals who, through intentional actions, omissions, or the use of modern tools like encryption, assist in hiding criminal plans. The law aims not only to prevent the commission of such offences but also to deter the intentional concealment of criminal intent. The punishments include imprisonment for three to seven years, depending on whether the offence is ultimately carried out, and the imposition of fines in certain cases.

Details of the Offence

  • Offence: Concealing a design to commit an offence punishable with death or imprisonment for life, if the offence is committed.
    • Punishment: Imprisonment for up to 7 years and a fine.
    • Cognizable or Non-cognizable: As per the nature of the abetted offence (cognizable or non-cognizable).
    • Bailable or Non-bailable: Non-bailable.
    • Court: The offence will be triable in the court with jurisdiction over the offence abetted.
  • Offence: If the offence is not committed:
    • Punishment: Imprisonment for up to 3 years and a fine.
    • Cognizable or Non-cognizable: As per the nature of the abetted offence (cognizable or non-cognizable).
    • Bailable or Non-bailable: Bailable.
    • Court: The offence will be triable in the court with jurisdiction over the offence abetted.

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