Bharatiya Nyaya Sanhita, 2023 · Chapter IV: Of Abetment, Criminal Conspiracy and Attempt
Section 59: Public servant concealing design to commit offence which it is his duty to prevent
In plain words
A public servant who hides a plan to commit an offence that it is their duty to prevent, or lies about it, to make it easier, commits an offence. This includes hiding it using encryption.
- If the offence is committed: up to one-half of the longest prison term for it, or its fine, or both.
- If the offence is punishable with death or imprisonment for life: up to ten years in prison.
- If the offence is not committed: up to one-fourth of the longest term, or the fine, or both.
Example: A police officer knows of a planned robbery and deliberately does not report it, to help it happen. The officer is punishable under this section.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 25 August 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 59
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IN RE: DIRECTIONS IN THE MATTER OF DEMOLITION OF STRUCTURES versus
Whether the executive should be permitted to take away the shelter of a family or families as a measure for infliction of penalty on a person who is accused in a crime. In other words, whether properties of persons, who…