BNS 59 — Public servant concealing design to commit offence which it is his duty to prevent.

Bharatiya Nyaya Sanhita, 2023

Statutory text

59. 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 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.
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.
Concealing     design     to     commit     offence     punishable     with
imprisonment.

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