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BNS Section 58: Concealing Design to Commit Offence Punishable With Death or Imprisonment for Life
Section 58 of the Bharatiya Nyaya Sanhita (BNS) is part of Chapter 4 of BNS – abetment, criminal conspiracy and attempt of abetment. It addresses the concealment of a design to commit an offense punishable with death or imprisonment for life. This section makes it an offense to hide the intention or plan to commit a serious crime, ensuring that individuals who conceal such designs are held accountable, even if the crime is not yet executed.
The provision aims to deter individuals from aiding in the planning or concealment of grave offenses and ensures that the legal system can act to prevent serious crimes before they occur, maintaining public safety and order.
Definition of BNS Section 58
Section 58 of the Bharatiya Nyaya Sanhitha BNS 2023 States:
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 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.
Explanation and Illustration of BNS Section 58
(a) If the offense is carried out, the individual may be sentenced to imprisonment of either type for up to seven years; or (b) if the offense is not carried out, the individual may face imprisonment of either type for up to three years, along with a possible fine.
Illustration:
A, knowing about a planned dacoity at B, falsely informs the Magistrate that a dacoity will occur at C, a location in the opposite direction. By misleading the Magistrate, A assists in facilitating the crime. As a result, the dacoity occurs at B as intended. A is liable under this section.
Disclaimer
The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.
Key Points of BNS 58
BNS-58 outlines penalties for concealing plans to commit serious crimes, such as those punishable by death or life imprisonment. It applies even to individuals who are not directly involved in the offence but assist in hiding its preparation. Key points include:
1. Intention and Knowledge
2. Concealment
3. False Representations
4. Punishment Based on Outcome
5. Types of Offences Covered
Differences Between Section 58 of BNS and its equivalent IPC section
This section outlines the key differences between Section 58 and its equivalent to IPC Section 118 focusing on their distinct approaches to definitions, interpretations and legal principles within the framework of criminal law.
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 58 | Concealing design to commit offence punishable with death or imprisonment for life. | 118 | Words ‘in either case’ are excluded from clause (b). |
Why Choose Vakilsearch for Bharatiya Nyaya Sanhita (BNS)?
Understanding the new Bharatiya Nyaya Sanhita (BNS) laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:
- Expert Help: Our lawyers know the BNS sections inside out and can guide you through how the new laws apply to you or your business.
- Simple and Clear: We break down all the legal jargons into simple language, so you can easily understand what steps to take.
- Personalised Service: Whether you need help with specific BNS sections for women or other legal concerns, we provide advice and support tailored to your situation.
- Experienced Team: We’ve helped thousands of clients understand about the old IPC sections, and now we’re ready to help you transition smoothly to the new BNS laws.
FAQs about Section 58 of the Bharatiya Nyay Sanhita (BNS)
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