Section 59 BNS: Public Servant Concealing Design To Commit Offence Which It Is His Duty To Prevent

Table of Contents

Section 59 BNS | BNS 59

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 be 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.

Illustration

A, an officer of police, being legally bound to give information of all designs to commit robbery which may come to his knowledge, and knowing that B designs to commit robbery, omits to give such information, with intent to so facilitate the commission of that offence.

Here A has by an illegal omission concealed the existence of B’s design, and is liable to punishment according to the provision of this section.

READ OTHER SECTIONS OF CHAPTER IV — OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT

Section No.	Section Title
	Of Abetment
45	Abetment of a thing.
46	Abettor.
47	Abetment in India of offences outside India.
48	Abetment outside India for offence in India.
49	Punishment of abetment if act abetted is committed in consequence and where no express provision is made for its punishment.
50	Punishment of abetment if person abetted does act with different intention from that of abettor.
51	Liability of abettor when one act abetted and different act done.
52	Abettor when liable to cumulative punishment for act abetted and for act done.
53	Liability of abettor for an effect caused by act abetted different from that intended by abettor.
54	Abettor present when offence is committed.
55	Abetment of offence punishable with death or imprisonment for life.
56	Abetment of offence punishable with imprisonment.
57	Abetting commission of offence by public or by more than ten persons.
58	Concealing design to commit offence punishable with death or imprisonment for life.
59	Public servant concealing design to commit offence which it is his duty to prevent.
60	Concealing design to commit offence punishable with imprisonment.
	Of Criminal Conspiracy
61	Criminal conspiracy.
	Of Attempt
62	Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment.

Read all the chapters of the Bharatiya Nyaya Sanhita 2023

FAQs of BNS Section 59

59 BNS punishment and fine

Punishment and fine under Section 59 of the BNS—

59(a): Imprisonment extending to one-half of the longest term provided for the offence, or fine, or both.
59(b): Imprisonment for 10 years.
59(c): Imprisonment extending to onefourth of the longest term provided for the offence, or fine, or both.
59 BNS cognizable or not

According as offence abetted is cognizable or non-cognizable.
59 BNS bailable or not

The offences under Sections 59 of the BNS—

59(a): According as offence abetted is bailable or non-bailable.
59(b): Non-bailable.
59(c): Bailable.
59 BNS trial court

Court by which offence abetted is triable.

Important Points

Cognizable Offences: These are offences where a police officer can arrest a person without a warrant.

Non-Cognizable Offences: These are offences where a police officer cannot arrest a person without a warrant.

Bailable Offences: These are offences where the accused can get bail from the police station itself. All bailable offences are listed in the First Schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

Non-Bailable Offences: Offences in which bail is not granted directly from the police station but after hearing the case in the court, the judge decides when bail will be granted. All non-bailable offences are listed in the first schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS).