BNS Section 60: Concealing Design to Commit Offence Punishable With Imprisonment
Section 60 of the Bharatiya Nyaya Sanhita (BNS) is part of Chapter 4 of BNS – abetment, criminal conspiracy and attempt of abetment. It criminalises the concealment of a plan to commit an offense punishable with imprisonment. This section addresses the act of hiding the intention or plan to commit an offense that, if carried out, would result in imprisonment. The concealment of such a plan is treated as a punishable offense, ensuring individuals cannot avoid legal consequences by merely planning a crime in secret.
The provision aims to address the early stages of criminal activity and prevent unlawful acts before they are carried out, strengthening the legal framework to safeguard society.
Definition of BNS Section 60
Section 60 of the Bharatiya nyay 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 imprisonment, 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 shall,–
– (a) if the offence be committed, be punished with imprisonment of the description provided for the offence, for a term which may extend to one-fourth;
and (b) if the offence be not committed, to one-eighth, of the longest term of such imprisonment, or with such fine as is provided for the offence, or with both.
Explanation and Illustration of BNS Section 60
This provision addresses the liability of a person who facilitates or conceals the plan of an offense, even if they do not directly participate in the crime. It focuses on punishing individuals who, through their actions or omissions, knowingly support or fail to prevent criminal designs. Here's a detailed explanation:
Key Elements of the Provision:
1. Intent or Knowledge:
2. Voluntary Concealment:
3. False Representation:
Punishments Based on Outcomes:
(a) If the offense is committed:
(b) If the offense is not committed:
Purpose of the Provision:
Example Scenario:
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 60
BNS-60 establishes penalties for concealing plans to commit offences punishable by imprisonment, regardless of whether the offence is ultimately carried out. Key provisions are outlined below:
1. Facilitation and Concealment
2. False Representations
3. Offences Covered
4. Punishment Based on Offence Outcome
Penalties vary depending on whether the offence is carried out:
(a) If the Offence is Committed:
(b) If the Offence is Not Committed:
5. Applicability
Differences Between Section 60 of BNS and its equivalent IPC section
This section outlines the key differences between Section 60 of BNS and its equivalent IPC section 120 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 |
|---|---|---|---|
| 60 | Concealing design to commit offence punishable with imprisonment. | 120 | No change. |
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FAQs about Section 60 of the Bharatiya Nyay Sanhita (BNS)
What constitutes an offence under Section 60?
An offence occurs when an individual intentionally conceals or omits information regarding a planned crime, thus preventing law enforcement from stopping the crime or interfering with its execution.
Who can be held liable under Section 60?
Any person who intentionally withholds knowledge of a criminal plan or fails to report it, regardless of whether the crime is eventually carried out, is liable under this section.
Does Section 60 apply to all types of crimes?
Yes, Section 60 applies broadly to any crime, especially serious ones where concealment of information could prevent law enforcement from preventing or solving the offence.
What type of knowledge must be concealed for a violation of Section 60?
The individual must knowingly conceal or omit information that could prevent a crime. The concealment must be intentional, meaning the person deliberately withholds the information with the knowledge that it could stop the offence.
Can a person be punished if they fail to report a crime?
Yes, under Section 60, a person can be punished for not reporting a crime if they have knowledge of it and intentionally withhold that information from law enforcement.
What is the penalty for violating Section 60?
Penalties for violating Section 60 can include imprisonment, with the term varying based on the severity of the offence, and in some cases, a fine may also be imposed.
Does Section 60 apply to government officials?
Yes, Section 60 applies to all individuals, including government officials, who knowingly conceal information about a planned crime. Public servants have a duty to report such knowledge.
