Section 58 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 58 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the offence of concealing a design to commit serious crimes punishable by death or life imprisonment. This provision criminalizes the act of intentionally hiding or misrepresenting plans to commit such offences, thereby facilitating their commission.(
📜 Legal Provision
Section 58 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."
🔍 Key Features
Intentional Concealment: The individual must have the intention to facilitate or know that their actions are likely to facilitate the commission of a serious offence.
Methods of Concealment: Concealment can be through acts, omissions, or the use of encryption or other information-hiding tools.
False Representations: Making false representations about the existence of a design to commit such an offence is also punishable under this section.(
Punishment:
If the offence is committed, the punishment can extend to seven years of imprisonment.
If the offence is not committed, the punishment can extend to three years of imprisonment, along with a fine.
📘 Illustration
An example provided under this section is as follows:
"A, knowing that dacoity is about to be committed at B, falsely informs the Magistrate that a dacoity is about to be committed at C, a place in an opposite direction, and thereby misleads the Magistrate with intent to facilitate the commission of the offence. The dacoity is committed at B in pursuance of the design. A is punishable under this section."
⚖️ Comparison with Indian Penal Code (IPC)
Section 58 of the BNS, 2023 corresponds to Section 118 of the Indian Penal Code (IPC), 1860, which deals with the concealment of designs to commit serious offences. Both provisions aim to deter individuals from hiding or misrepresenting plans to commit grave crimes, thereby ensuring that such offences are prevented or addressed promptly.
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