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.
Illustration.
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.
Simplified Explanation
Section 58 of the Bharatiya Nyaya Sanhita (BNS) addresses the serious offense of concealing knowledge of plans to commit crimes punishable by death or life imprisonment. This section holds individuals accountable if they become aware of someone’s intention to commit a severe offense and intentionally fail to report it or take steps to prevent it, thus contributing to the potential harm.
Key Elements of Section 58
- Applicability of Section 58
- This section applies when:
- A person becomes aware of a plan or “design” by another individual or group to commit an offense that is punishable by death or life imprisonment.
- The person who becomes aware of the plan intentionally conceals this information instead of reporting it or taking action to prevent the crime.
- Section 58 is relevant for cases where the concealed offense poses a grave risk to life, public order, or security due to its severity.
- This section applies when:
- Liability for Concealment
- Individuals who knowingly conceal such information are held liable for failing to report or act upon knowledge of a planned serious crime.
- By concealing the information, they are deemed to have contributed indirectly to the crime by enabling its potential execution, even if they were not directly involved in planning or committing it.
- Punishment for Concealment of Serious Crimes
- The penalty for concealing knowledge of a planned capital offense or life-imprisonable crime reflects the severity of the hidden offense.
- Individuals found guilty under Section 58 may face imprisonment (typically up to seven years), along with possible fines, as their silence could lead to severe consequences.
- Duty to Report or Act
- Section 58 imposes a legal duty on individuals to report known plans of capital or life-imprisonable offenses to authorities.
- This duty reflects the law’s emphasis on proactive prevention of serious crimes by holding individuals accountable for remaining silent when aware of such threats.
- Examples of Concealment Under Section 58
- Example 1: A person learns that someone is planning a murder and chooses not to inform the authorities. If the authorities discover this knowledge was concealed, the person can be held liable under Section 58 for withholding information about a capital offense.
- Example 2: An individual becomes aware of a plot to commit a terrorist attack, punishable by death or life imprisonment, but decides to remain silent. By not reporting this information, they may be charged for concealment under Section 58.
- Focus on Crime Prevention and Public Safety
- Section 58 is a preventive measure designed to deter individuals from withholding information about serious criminal intentions. By legally mandating the reporting of such plans, this section aims to protect public safety and prevent harm.
- It encourages a sense of collective responsibility, making it clear that silence in the face of known criminal intentions for severe offenses is punishable.
- Intentional Concealment Requirement
- For Section 58 to apply, the concealment must be intentional. Accidental or unintentional failure to report does not constitute an offense under this section; the individual must have knowingly chosen to withhold the information.
Importance of Section 58
Section 58 emphasizes the duty of individuals to proactively report plans for severe offenses, particularly those involving capital crimes. It reinforces public safety measures and the need for collective responsibility in preventing serious offenses by holding individuals accountable if they conceal knowledge of such criminal designs.
In summary, Section 58 of the BNS mandates penalties for individuals who intentionally conceal information about plans to commit offenses punishable by death or life imprisonment. This section underscores the importance of preventing severe crimes by ensuring that individuals report such information to authorities, supporting a safer society and deterring silence in the face of known criminal intentions.
