Whoever, being a public servant intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence which it is his duty as such public servant to prevent, 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 – shall, if the offence be committed, 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;
If offence be punishable with death, etc – or, 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;
If offence be not committed – or, 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.
Illustrations
- 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 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.
IPC Section 119: Simplified Explanation
IPC Section 119 of the Indian Penal Code (IPC) addresses the responsibility of public servants when they become aware of a design or plan to commit an offence that they must prevent. This section is crucial as it holds public servants to a higher standard of conduct due to their role in maintaining law and order and safeguarding the public interest.
Here is a detailed breakdown of IPC Section 119:
- Definition and Scope: Section 119 specifically targets public servants who, knowing of a plan to commit an offence, intentionally conceal this information instead of acting to prevent it. The key aspect here is the breach of duty by the public servant, who is expected to use their authority and position to thwart potential crimes.
- Key Elements of the Section:
- Public Servant: The individual must be a public servant as defined by the IPC or relevant laws.
- Concealment of Design: The public servant must knowingly conceal a plan or intention to commit a crime, which they must prevent based on their role and responsibilities.
- Duty to Prevent: It is emphasized that the offence in question is one that the public servant is explicitly tasked with preventing, highlighting direct neglect of their responsibilities.
- Punishment Under Section 119: The punishment for a public servant who violates this section can include imprisonment, fines, or both, reflecting the seriousness of failing to act on their duty to prevent crime. The severity of the penalty often depends on the potential harm that could result from the offence if it were carried out.
- Legal Implications: This section underscores the importance of integrity and proactive action in public service. It aims to deter neglect and complicity among public servants by penalizing those who choose to conceal rather than prevent crimes, thereby ensuring that public trust in law enforcement and governance is upheld.
- Examples: If a police officer knows of a planned robbery and fails to report or act against it due to personal or external pressures, they can be prosecuted under Section 119 for concealing the design of the crime and not fulfilling their duty to prevent it.
Understanding IPC Section 119 is essential for recognizing public servants’ ethical and legal obligations and the consequences of failing to uphold these duties in preventing crimes. This helps maintain accountability and reinforce public servants’ role in protecting society.
