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BNS, 2023
Start Practicing
BNSChapter IVSection 58
Section58

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

AI Assist

Summary

If a person, intending to help or knowing it likely will help, hides a plan to commit an offence punishable with death or life imprisonment—by an act, illegal omission, encryption or any information‑hiding tool—or knowingly makes a false statement about that plan, they commit an offence. If the planned offence is actually committed, punishment may be imprisonment for up to seven years. If it is not committed, punishment may be imprisonment for up to three years and a fine.

Example

Ravi learns a gang plans to kill a shopkeeper. He encrypts messages and falsely tells police the plot targets a different neighbourhood, intending to mislead them. If the killing occurs Ravi can face up to seven years' imprisonment; if it does not occur he can face up to three years' imprisonment and a fine.

Bare Act

Enacted 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 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.

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.

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IV

Chapter IV

Of Abetment, Criminal Conspiracy And Attempt

In this chapter

  • 45Abetment of a thing
  • 46Abettor
  • 47Abetment in India of offences outside India
  • 48Abetment outside India for offence in India
  • 49Punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment
  • 50Punishment of abetment if person abetted does act with different intention from that of abettor
  • 51Liability of abettor when one act abetted and different act done
  • 52Abettor when liable to cumulative punishment for act abetted and for act done
  • 53Liability of abettor for an effect caused by the act abetted different from that intended by the abettor
  • 54Abettor present when offence is committed
  • 55Abetment of offence punishable with death or imprisonment for life
  • 56Abetment of offence punishable with imprisonment
  • 57Abetting commission of offence by the public or by more than ten persons
  • 58Concealing design to commit offence punishable with death or imprisonment for life
  • 59Public servant concealing design to commit offence which it is his duty to prevent
  • 60Concealing design to commit offence punishable with imprisonment
  • 61Criminal conspiracy
  • 62Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment
Previous · Section 57Abetting commission of offence by the public or by more than ten personsNext · Section 59Public servant concealing design to commit offence which it is his duty to prevent