Public servant concealing design to commit offence which it is his duty to prevent
AI Assist
Summary
A public servant who, intending to facilitate or knowing he is likely to facilitate, hides or falsely represents a plan to commit an offence he is duty-bound to prevent (including by encryption or other information-hiding) is criminally liable. If the offence is committed, punishment may be up to half the offence's maximum term (or up to ten years for offences carrying death or life). If it is not committed, punishment may be up to one-quarter of the maximum term or the fine provided.
Example
Ravi, a police officer, learns that Rohan plans to rob a neighbourhood shop but deliberately omits reporting it and hides messages using encryption to help the plan. If Rohan carries out the robbery, Ravi can be punished up to half the maximum jail term for robbery; if Rohan does not commit it, Ravi can be punished up to one-quarter of the maximum term or fined.
Bare Act
Enacted textWhoever, 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,
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(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
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(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
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(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.
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