Public servant concealing design to commit offence which it is his duty to prevent
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Summary
A public servant who, intending to facilitate or knowing he may facilitate an offence he is duty-bound to prevent, voluntarily conceals or gives false information about a plan to commit it is guilty of an offence. If the offence is committed, punishment may extend to half the maximum term for that offence (or the fine), or up to ten years where the offence attracts death or life imprisonment. If no offence occurs, punishment may extend to one-quarter of the maximum term (or the fine).
Example
Ravi, a police officer, learns that Aditya plans to rob a neighbourhood shop but deliberately omits to report it and gives false information to hide the plan. If Aditya carries out the robbery, Ravi can be punished up to half the maximum jail term for robbery (or fined). If no robbery occurs, Ravi can still 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, the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design.
If offence be committed – shall, 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;
If offence be punishable with death, etc – or, 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;
If offence be not committed – or, 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
(1) 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 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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