Section 59 OF BNS : Public Servant Concealing Design to Commit Offence Which It Is His Duty to Prevent.
Section 59 of the Bharatiya Nyaya Sanhita (BNS) is part of Chapter 4 of BNS – abetment, criminal conspiracy and attempt of abetment. It deals with public servants concealing a plan to commit an offense that it is their duty to prevent. This section holds public officials accountable if they fail to prevent a crime, either by withholding information or actively concealing the intention to commit an offense within their duties.
The provision reinforces the responsibility of public servants to uphold the law and prevent criminal activity. It ensures that public officials are not complicit in criminal actions by concealing their knowledge or involvement in unlawful activities.
Definition of BNS Section 59
Section 59 of the Bharatiya nyay sanhitha BNS 2023 States:
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 is 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.
Explanation and Illustration of Section 59 (Bharatiya Nyaya Sanhita, 2023)
A, a police officer, is required by law to report any knowledge of a robbery plan. A is aware that B plans to commit a robbery but deliberately withholds this information, intending to aid in the commission of the crime.
In this scenario, A's failure to report B's plan constitutes unlawful concealment by omission, making A liable for punishment under this section.
Key Points of BNS 59
BNS-59 outlines the liability of public servants who knowingly or intentionally conceal plans to commit offences they are legally obligated to prevent. It prescribes penalties based on whether the offence is carried out or not. Key details include:
1. Public Servant's Responsibility
2. Concealment of a Crime
3. False Representations
4. Punishment Based on Offence Outcome
The severity of penalties depends on whether the offence is committed and its nature:
5. Types of Offences
Differences Between Section 59 of BNS 2023 and its equivalent IPC section 119
This section outlines the key differences between Section 59 and its equivalent Indian penal code IPC section 119 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 |
|---|---|---|---|
| 59 | Public servant concealing design to commit offence which it is his duty to prevent. | 119. | No change. |
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FAQs about Section 59 of the Bharatiya Nyay Sanhita (BNS)
What is Section 59 of the Bharatiya Nyaya Sanhita?
Section 59 addresses the offense committed by public servants who conceal a design to commit a crime that falls within their duty to prevent. This provision emphasises the legal obligation of public officials to report criminal intentions and take action to ensure public safety.
What are the penalties under Section 59?
Penalties under Section 59 can vary depending on the severity of the offense concealed. A public servant found guilty of failing to disclose knowledge of a crime may face imprisonment and fines, reflecting the serious nature of their responsibility to prevent potential offenses.
What constitutes "concealing" a design to commit an offense?
"Concealing" a design refers to the deliberate act of failing to inform the authorities about knowledge of a planned crime. This includes not reporting or withholding information that could prevent the commission of an offense that the public servant is required to stop.
Is a public servant liable under Section 59 if a crime is not committed?
Yes, a public servant can be held liable under Section 59 even if the crime is not ultimately committed. The failure to act upon knowledge of a serious offense they are duty-bound to prevent is sufficient for legal accountability under this section.
How does Section 59 contribute to public safety?
Section 59 promotes public safety by holding public servants accountable for their duty to report and prevent crimes. By criminalising the concealment of criminal designs, it encourages transparency and proactive measures, ultimately aiming to protect the community from potential
Can a fine be imposed along with imprisonment under Section 59?
Yes, individuals convicted under Section 59 may be subject to both imprisonment and a fine, with the amount of the fine determined by the specifics of the case.
What is the legal importance of Section 59 in preventing crimes?
Section 59 plays a crucial role in preventing crimes by ensuring that individuals who assist in concealing criminal plans are held accountable, thus discouraging people from aiding in the commission of serious offences.
