Section 58 of BNS: Concealing Design for Serious Offenses

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 Section 58 (Bharatiya Nyaya Sanhita, 2023)

(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

Intent to Facilitate: The person must intend to aid the commission of a grave offence or know that their actions are likely to assist in its execution

Facilitation: Involves helping to hide the preparation of the offence, not by committing it but by supporting its concealment.

2. Concealment

Definition: Hiding or failing to disclose the existence of a plan to commit a serious offence

Methods:

Physical concealment, such as hiding evidence or information

Omission, such as failing to report vital knowledge about the crime

Use of Modern Tools: Includes the use of encryption, digital methods, or other technologies to hide communication or evidence.

3. False Representations

Misleading Information: Making false claims or statements about the offence, knowingly providing misleading details to further obscure the crime's existence.

4. Punishment Based on Outcome

If the Offence is Committed:

Imprisonment of up to seven years (either rigorous or simple).

If the Offence is Not Committed:

Imprisonment of up to three years.

Fine: In addition to the prison term, a fine will be imposed.

5. Types of Offences Covered

Applicable to serious crimes punishable by death or life imprisonment, such as murder, terrorism, or other heinous acts.

Reflects the gravity of assisting in the concealment of such offences.

Differences Between Section 58 of BNS 2023 and its equivalent IPC section

This section outlines the key differences between Section 58 and its equivalent Indian penal code 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).

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FAQs about Section 58 of the Bharatiya Nyay Sanhita (BNS)

What is Section 58 of the Bharatiya Nyaya Sanhita?

Section 58 addresses the offense of concealing a design to commit a crime punishable by death or life imprisonment. It establishes liability for individuals who, knowing of such a design, fail to report it or actively conceal it, thereby facilitating the potential commission of serious offenses.

What are the penalties under Section 58?

Under Section 58, if the offense is committed, the offender may face imprisonment for up to seven years. If the offense is not committed, the punishment may be imprisonment for up to three years, along with a possible fine, highlighting the serious nature of concealing such designs.

Is actual commission of the offense required for liability under Section 58?

No, actual commission of the offense is not necessary for liability under Section 58. The law holds individuals accountable for concealing intentions of serious crimes, regardless of whether the crime occurs, emphasising the importance of reporting such knowledge to prevent potential harm.

What constitutes ‘concealing’ a plan to commit an offense?

‘Concealing’ a plan refers to the act of knowingly withholding information or failing to inform authorities about plans to commit a serious crime. This includes providing false information or misleading law enforcement, thereby facilitating the commission of the offense outlined in Section 58.

How does Section 58 promote public safety?

Section 58 promotes public safety by imposing legal responsibility on individuals who possess knowledge of serious crimes. By criminalising the concealment of such intentions, the law encourages people to report potential threats, thereby helping prevent violent offenses and enhancing community vigilance.

Can a person be punished even if they didn’t directly participate in the crime?

Yes, under Section 58, individuals can be punished even if they did not directly commit the crime. If they assisted in hiding the plan or made it possible for others to commit the crime, they are still liable under this section for their involvement.

Is the punishment for concealing a crime the same as for committing the crime?

The punishment for concealing a crime under Section 58 is generally less severe than the punishment for committing the crime. However, the person may still face substantial penalties, such as imprisonment or fines, depending on the seriousness of the crime they helped conceal.