Whoever, knowing or having reason to believe that an offence has been committed, intentionally omits to give any information respecting that offence which he is legally bound to give, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both.
Simplified Explanation
This section addresses the failure to report an offense by a person who is legally obligated to provide information about it. It establishes penalties for intentionally withholding knowledge of an offense.
Key Provisions of Section 239
Actions Covered:
- Intentional Omission to Inform:
A person who knows or has reason to believe that an offense has been committed, and intentionally fails to inform the authorities about it, when legally required to do so, is committing an offense. - The section focuses on the intentional failure to provide information about the crime, implying that the person had knowledge or reason to believe that a crime had occurred but chose not to inform the authorities.
Punishment:
- Imprisonment:
The person may face imprisonment for up to 6 months. The term may be of either description (simple or rigorous imprisonment), depending on the case and judicial discretion. - Fine:
In addition to or instead of imprisonment, the person can be fined up to five thousand rupees. - Both:
The person may be subject to both imprisonment and fine, depending on the court’s decision.
Explanation and Application
Legal Obligation to Inform
The section applies to individuals who are legally required to inform authorities about certain crimes. These may include people in positions of authority or those who, by virtue of their profession, have a duty to report crimes (e.g., police officers, medical professionals, teachers, etc.).
Examples of Legal Obligation
- A doctor who knows of a crime such as an injury caused by an assault but fails to report it as required by law.
- A teacher who is aware of a child being harmed but does not inform the authorities despite being legally obligated to do so.
Intentional Nature of the Offense
The failure to report must be intentional, meaning the person knew about the offense and deliberately chose not to disclose it. If the omission was due to negligence or lack of awareness, it may not fall under this section.
Punishment
The punishment under this section serves to deter individuals from neglecting their legal obligations to report crimes. Since the penalty is not as severe as for committing the offense itself, the law treats intentional omissions as a less serious crime but still imposes significant consequences to encourage compliance.
Conclusion
Section 239 of the Bharatiya Nyaya Sanhita, 2023 ensures that individuals who are legally required to report offenses do not intentionally withhold critical information. It sets penalties of up to 6 months in prison, a fine of up to five thousand rupees, or both, to deter such omissions. This law reinforces the importance of reporting crimes and upholding legal duties, thereby ensuring the integrity of the justice system.
