Bharatiya Nyaya Sanhita: Section 60 – Concealing design to commit offence punishable with imprisonment

Whoever, intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with imprisonment, 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 shall,—

(a) if the offence be committed, be punished with imprisonment of the description provided for the offence, for a term which may extend to one-fourth; and

(b) if the offence be not committed, to one-eighth, of the longest term of such imprisonment, or with such fine as is provided for the offence, or with both.

Simplified Explanation

Section 60 of the Bharatiya Nyaya Sanhita (BNS) addresses situations where a person is aware of a plan or “design” to commit an offense that is punishable with imprisonment (but not punishable by death or life imprisonment) and intentionally conceals this information. This section establishes liability for individuals who choose not to report or act on their knowledge of an impending offense, thereby failing to prevent potential harm.

Key Elements of Section 60

1. Applicability of Section 60
   • This section applies when:
     • A person becomes aware of a plan or intention to commit an offense punishable by imprisonment (excluding offenses punishable by death or life imprisonment).
     • The person intentionally conceals this information instead of reporting it to authorities or taking preventive action.
   • Section 60 covers a broad range of offenses where imprisonment is the prescribed punishment, including theft, assault, fraud, and other crimes that are not considered capital offenses.
2. Liability for Concealment of Imprisonable Offenses
   • Individuals who knowingly conceal information about an impending offense punishable by imprisonment can be held liable under this section.
   • By choosing not to report or act upon their knowledge, they are considered to have indirectly contributed to the offense by enabling it to occur unimpeded.
3. Punishment for Concealment of Imprisonable Offenses
   • A person found guilty under Section 60 can face imprisonment for up to six months, a fine, or both, depending on the circumstances of the case.
   • The penalty reflects the seriousness of withholding information about criminal plans, as it prevents authorities from intervening to stop the crime.
4. Duty to Report
   • Section 60 establishes a legal duty to report knowledge of a planned offense punishable by imprisonment, reinforcing the expectation that individuals should contribute to public safety by preventing potential crimes.
   • This duty promotes community involvement in crime prevention and encourages individuals to act responsibly when they are aware of impending unlawful acts.
5. Examples of Concealment Under Section 60
   • Example 1: A person learns that someone is planning to commit theft but decides not to inform the authorities. If the theft occurs, this individual could be charged under Section 60 for concealing information about an imprisonable offense.
   • Example 2: An individual is aware of a planned act of vandalism and chooses to remain silent. Their concealment of this information may make them liable under Section 60 if authorities discover their knowledge of the offense.
6. Intentional Concealment Requirement
   • For Section 60 to apply, the concealment must be intentional. This means that the individual knowingly withheld information and did not accidentally or unintentionally fail to report it.
   • This distinction ensures that liability applies only to deliberate acts of concealment, rather than unintentional omissions.
7. Preventing Crime and Promoting Public Safety
   • Section 60 is designed to encourage individuals to take action when they are aware of potential threats to public order. By penalizing those who choose silence, this section aims to promote a safer society by reducing the chances of criminal activities being carried out.

Importance of Section 60

Section 60 reinforces the principle that individuals have a responsibility to report known criminal plans, particularly when they are aware of upcoming offenses that could harm others or disrupt public order. It discourages silence in the face of knowledge about criminal intent and underscores the importance of proactive crime prevention.

In summary, Section 60 of the BNS penalizes individuals who intentionally conceal knowledge of planned offenses punishable by imprisonment, reinforcing accountability and public responsibility. This section plays an essential role in preventing crimes by legally mandating that individuals report criminal plans they are aware of, thereby supporting community safety and public welfare.