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 illegal omission, the existence of a design to commit such offence or makes any representation which he knows to be false respecting such design,
If offence be committed – If offence be not committed – shall, if that offence be committed, be punished with imprisonment of either description for a term which may extend to seven years, or, if the offence of not committed, with imprisonment of either description, for a term which may extend to three years; and in either case shall also be liable to fine.
Illustrations
- 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.
IPC Section 118: Simplified Explanation
IPC Section 118 of the Indian Penal Code (IPC) deals with the legal consequences for an individual who conceals the intention or design to commit an offence punishable by death or imprisonment for life. This section emphasizes the importance of preventing serious crimes by holding accountable those who, while not directly engaging in the crime, play a crucial role by hiding the intentions of potential offenders.
Here is a detailed breakdown of IPC Section 118:
- Definition and Scope: Section 118 targets individuals who have knowledge of a plan to commit a severe crime (one punishable by death or life imprisonment) but choose to conceal this knowledge instead of disclosing it to the authorities. The key element here is the act of concealment with the understanding that the information could prevent the commission of the crime.
- Key Elements of the Section:
- Concealment of Design: The person must intentionally hide the plan or intention to commit a serious crime from those who could take preventive action (like law enforcement).
- Nature of the Crime: The planned crime must be highly severe, specifically those punishable by death or life imprisonment.
- Punishment Under Section 118: Given the gravity of the offences involved (death or life imprisonment), the punishment for concealing such plans is also severe. The individual can be sentenced to imprisonment, which may extend up to several years, reflecting the potential impact of their concealment on public safety.
- Legal Implications: This section encourages transparency and the early reporting of potentially dangerous plans. It aims to deter individuals from remaining silent or complicit when they know of plans that could result in severe harm or loss of life.
- Examples: If someone becomes aware that a plan is in place to commit a murder (a crime punishable by death or life imprisonment) and decides not to inform the police or relevant authorities, they can be charged under Section 118 for their concealment of this design.
Understanding IPC Section 118 is crucial for appreciating individuals’ broader responsibilities in preventing serious crimes. By ensuring that knowledge of such dangerous intentions is promptly reported to the authorities, pre-emptive action can be taken to safeguard public safety and prevent grave offences.
