BBanaka

BNS Section 59: Public servant concealing design to commit offence which it is his duty to prevent

Bharatiya Nyaya Sanhita, 2023 · Chapter 4: Of Abetment, Criminal Conspiracy and Attempt

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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.

Study: explanations and related material

Replaces IPC 119. IPC → BNS converterSource: BPR&D BNS–IPC corresponding section table (UP Police, 2024-06-28)

Punishment, bail and trial

59(a)A public servant concealing a design to commit an offence which it is his duty to prevent, if the offence be committed.

Punishment
Imprisonment extending to one-half of the longest term provided for the offence, or fine, or both.
Cognizable or not
According as offence abetted is cognizable or non-cognizable
Bailable or not
According as offence abetted is bailable or non-bailable
Triable by
Court by which offence abetted is triable

59(b)If the offence be punishable with death or imprisonment for life.

Punishment
Imprisonment for 10 years.
Cognizable or not
According as offence abetted is cognizable or non-cognizable
Bailable or not
Non‑bailable
Triable by
Court by which offence abetted is triable

59(c)If the offence be not committed.

Punishment
Imprisonment extending to one-fourth of the longest term provided for the offence, or fine, or both.
Cognizable or not
According as offence abetted is cognizable or non-cognizable
Bailable or not
Bailable
Triable by
Court by which offence abetted is triable

Source: BNSS First Schedule, Gazette of India, 25 December 2023, p. 159. The Schedule gives the substance of the section, not its full definition, and a State may have amended the classification for its territory. See it in the full First Schedule

Official reference: Ministry of Home Affairs: Gazette text, 25 December 2023 — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-07-01.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately.

This text is for reference, not legal advice. Consult the official source for the authoritative text.

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