Bharatiya Nyaya Sanhita: Section 59 – Public servant concealing design to commit offence which it is his duty to prevent

Whoever, being a public servant, intending to facilitate or knowing it to be likely that he will thereby 33 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 coommitted, 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.

Simplified Explanation

Section 59 of the Bharatiya Nyaya Sanhita (BNS) specifically addresses cases where a public servant is aware of a plan or intent to commit a crime but intentionally conceals this information, even though it is within their duty to prevent the crime. This provision holds public servants to a high standard of accountability, emphasizing their responsibility to uphold public safety and security.

Key Elements of Section 59

1. Applicability of Section 59
   • This section applies to public servants who:
     • Become aware of a design or plan to commit an offense.
     • Are duty-bound to prevent such an offense, based on their official position and responsibilities.
     • Intentionally conceal this knowledge instead of acting to prevent the crime or reporting it to appropriate authorities.
   • Section 59 is relevant to public servants whose roles involve maintaining law and order, security, and public safety, such as police officers, intelligence personnel, and other government officials.
2. Duty to Prevent Crime
   • Public servants in certain roles have a legal obligation to prevent crimes when they are aware of an impending offense.
   • This duty goes beyond just being aware; public servants are expected to take proactive steps or report the information to the appropriate authorities to prevent the offense from occurring.
3. Liability for Concealment by Public Servants
   • When a public servant intentionally conceals knowledge of a plan to commit a crime, they can be held liable for breaching their duty to prevent the crime.
   • This concealment is treated as a serious offense, as it can undermine public trust, harm public safety, and allow crimes to proceed unchecked.
4. Punishment for Concealment by a Public Servant
   • The punishment under Section 59 may include imprisonment for up to two years, a fine, or both, depending on the severity of the offense that was concealed.
   • This penalty reflects the importance of a public servant’s role in crime prevention and the potential consequences of their failure to fulfill this duty.
5. Examples of Concealment Under Section 59
   • Example 1: A police officer learns of a plan to commit a robbery but chooses not to report it or take any preventive measures. If the robbery occurs, the officer could be held liable under Section 59 for concealing information about an offense they were duty-bound to prevent.
   • Example 2: An intelligence official becomes aware of a potential terrorist plot but does not share the information with authorities. The official could face penalties under Section 59 for failing to fulfill their duty to prevent the crime by withholding information.
6. Emphasis on Public Responsibility and Accountability
   • Section 59 reinforces the expectation that public servants, as protectors of public safety, should act with integrity and responsibility.
   • By imposing strict penalties for concealment, this section underscores the law’s stance that public servants must uphold public trust and proactively work to prevent criminal activities within their knowledge and control.
7. Intentional Concealment Requirement
   • The concealment must be intentional to invoke Section 59. Accidental or unintentional failure to report an offense does not constitute a violation; there must be evidence that the public servant knowingly chose not to disclose information or take preventive action.

Importance of Section 59

Section 59 holds public servants to a high standard of accountability and integrity, recognizing the critical role they play in maintaining law and order. By penalizing those who intentionally conceal knowledge of planned offenses, this provision helps to prevent misuse of authority and ensures that public servants act in the interest of society’s safety and security.

In summary, Section 59 of the BNS penalizes public servants who intentionally conceal knowledge of planned crimes that it is their duty to prevent, promoting accountability and public trust in law enforcement and government agencies. This section ensures that those entrusted with public safety are legally bound to take proactive steps to prevent harm and protect society.