BNS Section 60: Concealing design to commit offence punishable with imprisonment.

Section in IPC – 120

Concealing design to commit offence punishable with imprisonment

Whoever, intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with imprisonment, 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 shall,
(a) if the offence be committed, be punished with imprisonment of the description provided for the offence, for a term which may extend to one-fourth; and
(b) if the offence be not committed, to one-eighth, of the longest term of such imprisonment, or with such fine as is provided for the offence, or with both.

Example :
If Vijay learns that a robbery is being planned and is about to be executed and hides this information from the authorities in order to help the robbery take place, Vijay will be punished under this Section if the robbery happens with up to one-fourth of the maximum sentence for robbery. 

Key Points on BNS-60: Concealing a Design to Commit an Offence Punishable with Imprisonment

BNS-60 addresses the punishment for individuals who conceal plans to commit an offence that is punishable with imprisonment. The section applies whether or not the offence is ultimately carried out. Below are the important points and definitions:

1. Facilitation and Concealment of Offence

• Facilitation: The individual must intend to facilitate the commission of the offence or be aware that their actions or omissions are likely to facilitate the offence.
• Voluntary Concealment: The person must deliberately hide the existence of a criminal plan to commit an offence punishable by imprisonment.
• Act or Illegal Omission: Concealment can take the form of an illegal act (e.g., hiding evidence) or an omission (e.g., failing to report the plan).

2. False Representations

• False Statements: If the individual makes a statement or claim that they know to be false regarding the existence of the criminal plan, they can be held liable under this section.

3. Offence Punishable with Imprisonment

• This section applies to any offence that is punishable by imprisonment, covering a wide range of criminal activities.

4. Punishment Based on Offence Outcome

Penalties under this section depend on whether the offence is committed or not:

• If the Offence is Committed:
  • The individual who concealed the plan can face imprisonment for up to one-fourth of the maximum term provided for the offence.
  • A fine may also be imposed in addition to imprisonment.
• If the Offence is Not Committed:
  • The individual can be punished with imprisonment for up to one-eighth of the maximum term for the offence.
  • A fine may also be imposed, or the individual may face both imprisonment and a fine.

5. Types of Offences Covered

• The section broadly covers any offence punishable by imprisonment, without specifying the nature of the offence, making it applicable to a wide range of criminal acts.

Key Takeaways

• Intent to Facilitate: The person must have the intent or knowledge that their concealment will aid in committing an offence punishable by imprisonment.
• Punishment for Concealment: Even if the crime is not ultimately committed, the person can still be punished for attempting to conceal the offence or making false statements about it.
• Graded Punishment:
  • One-Fourth Imprisonment: If the offence is committed, the punishment can extend to one-fourth of the maximum term of imprisonment for that offence.
  • One-Eighth Imprisonment: If the offence is not committed, the punishment is reduced to one-eighth of the maximum term.
• Fines and Imprisonment: The individual may face fines in addition to imprisonment, or both penalties together.

Summary

BNS-60 holds individuals accountable for concealing plans to commit offences punishable by imprisonment, even if the offence is not carried out. The section applies graded penalties based on whether the crime is ultimately committed. If the offence is completed, the punishment is more severe, with the person potentially facing imprisonment for up to one-fourth of the maximum term for that offence. If the offence is not committed, the punishment is lighter, at one-eighth of the maximum term. This provision reinforces the legal requirement to disclose information and prevent criminal activities from being hidden.

Details of the Offence

• Offence: Concealing a design to commit an offence punishable with imprisonment, if the offence is committed.
  • Punishment: Imprisonment up to one-fourth of the longest term prescribed for the offence, or a fine, or both.
  • Cognizable or Non-cognizable: Dependent on the nature of the offence.
  • Bailable or Non-bailable: Dependent on the nature of the offence.
  • Court: The offence is triable in the court with jurisdiction over the offence.
• Offence: If the offence is not committed.
  • Punishment: Imprisonment up to one-eighth of the longest term prescribed for the offence, or a fine, or both.
  • Cognizable or Non-cognizable: Dependent on the nature of the offence.
  • Bailable or Non-bailable: Bailable.
  • Court: The offence is triable in the court with jurisdiction over the offence.