BNS Section 59: Punishment for Public Servants Who Conceal Crimes They Must Prevent

Section in IPC – 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 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.

Illustrations

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.

Key Points on BNS-59: Concealing a Design to Commit an Offence by a Public Servant

BNS-59 holds public servants accountable if they intentionally or knowingly conceal plans to commit offences that they are duty-bound to prevent. The section specifies penalties based on whether the offence is carried out or not. Below are the essential points and definitions:

1. Public Servant’s Responsibility

• Public Servant: This refers to anyone holding a position of authority in the public sector, including law enforcement officers, government officials, and other public employees.
• Duty to Prevent: The public servant has a legal obligation to prevent specific offences within their jurisdiction, such as criminal activities that they are tasked with preventing or reporting.

2. Concealment of a Crime

• Intentional Facilitation: The public servant must either intend to facilitate the commission of the offence or know that their actions or omissions are likely to facilitate it.
• Voluntary Concealment: This refers to the deliberate act or omission to hide the existence of a criminal plan. Concealment can be carried out in several ways:
  • Act or Illegal Omission: Concealment can be through physical acts, such as hiding evidence, or through omissions, such as failing to report or disclose vital information.
  • Use of Technology: Modern methods like encryption or other tools used to hide communications or information about the offence are included under this section.

3. False Representations

• False Statements: If the public servant makes a knowingly false statement or provides misleading information regarding the existence of a criminal plan, they are punishable under this section.

4. Punishment Based on the Outcome

The penalties depend on whether the offence is committed, its severity, and whether the public servant’s concealment facilitated the crime:

• If the Offence is Committed:
  • Imprisonment: The public servant can be punished with imprisonment for up to half of the longest term of imprisonment prescribed for the offence.
  • Fine: The court may also impose a fine in addition to imprisonment.
• If the Offence is Punishable by Death or Life Imprisonment:
  • Imprisonment for up to 10 years: If the offence concealed is punishable by death or life imprisonment, the public servant can face up to 10 years of imprisonment.
• If the Offence is Not Committed:
  • Imprisonment: Even if the offence is not committed, the public servant may face imprisonment for up to one-fourth of the longest term prescribed for the offence.
  • Fine: The public servant may also be liable for a fine in addition to imprisonment.

5. Types of Offences

• The section applies to all offences, but harsher penalties are imposed when the concealed offence is punishable by death or life imprisonment.
• Even if the offence is not ultimately carried out, the public servant is still held liable for their role in concealing or failing to prevent the criminal plan.

Key Takeaways

• Public Servant’s Duty: The law emphasizes that public servants have a special responsibility to prevent offences within their jurisdiction. They must not conceal or assist in hiding any criminal plans they are duty-bound to report.
• Concealment and Facilitation: Public servants can be penalized for not just directly participating in a crime, but also for knowingly hiding or facilitating the concealment of information about it through action or omission.
• Punishment Depends on the Outcome:
  • If the crime is committed: Up to half of the maximum imprisonment term for the offence.
  • If the crime is punishable by death or life imprisonment: Up to 10 years of imprisonment.
  • If the crime is not committed: Up to one-fourth of the longest term, along with a fine.

Summary

BNS-59 holds public servants accountable if they intentionally conceal designs to commit crimes they are required to prevent. This section applies penalties depending on whether the crime is committed or not, with harsher penalties for crimes punishable by death or life imprisonment. Public servants can face imprisonment and fines, even if the offence is not ultimately carried out, emphasizing their legal duty to prevent and report criminal plans.

Details of the Offence

• Offence: A public servant concealing a design to commit an offence that it is their duty to prevent, if the offence is committed.
  • Punishment: Imprisonment up to half of the longest term prescribed for the offence, or a fine, or both.
  • Cognizable or Non-cognizable: Depends on the nature of the offence.
  • Bailable or Non-bailable: Depends on the nature of the offence.
  • Court: The offence is triable in the court with jurisdiction over the offence.
• Offence: If the offence is punishable by death or imprisonment for life.
  • Punishment: Imprisonment for up to 10 years.
  • Cognizable or Non-cognizable: Depends on the nature of the offence.
  • Bailable or Non-bailable: Non-bailable.
  • Court: Triable in the court with jurisdiction over the offence.
• Offence: If the offence is not committed.
  • Punishment: Imprisonment up to one-fourth of the longest term prescribed for the offence, or a fine, or both.
  • Cognizable or Non-cognizable: Depends on the nature of the offence.
  • Bailable or Non-bailable: Bailable.
  • Court: Triable in the court with jurisdiction over the offence.