Bharatiya Nyaya Sanhita 2023
Section 58 :
Concealing design to commit offence punishable with death or imprisonment for life :
(See section 118 of IPC 1860)
Section : 58
Classification of Offence:
Offence : (a) Concealing design to commit offence punishable with death or imprisonment for life, if the offence be committed.
Punishment : Imprisonment for seven years and fine.
Cognizable or Non-cognizable : According as offence abetted is cognizable or non-cognizable.
Bailable or Non-bailable : non- bailable.
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Court by which offence abetted is triable.
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Offence : (b) If the offence be not committed.
Punishment : Imprisonment for three years and fine.
Cognizable or Non-cognizable : According as offence abetted is cognizable or non-cognizable.
Bailable or Non-bailable : bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Court by which offence abetted is triable.
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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.
Indian Penal Code 1860 (IPC 1860)
Section 118 :
Concealing design to commit offence punishable with death or imprisonment for life:
(See section 58 of BNS 2023)
Classification of Offence:
Offence : Concealing a design to commit an offence punishable with death or imprisonment for life, if the offence be committed.
Punishment :Imprisonment for 7 years and fine.
Cognizable or Non-cognizable :According as the offence abetted is cognizable or non-cognizable
Bailable or Non-bailable :Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Court by which offence abetted is triable
————–
Offence : If the offence be not committed.
Punishment :Imprisonment for 3 years and fine.
Cognizable or Non-cognizable :According as the offence abetted is cognizable or non-cognizable
Bailable or Non-bailable :Bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Court by which offence abetted is triable
————–
Whoever intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with death or 1.[imprisonment for life], 2.[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;
If offence be committed / if offence be not committed.
– shall, if that offence be committed, be punished with imprisonment of either description for a term which may extend to seven years, or, if the offence be not committed, with imprisonment of either description, for a term which may extend to three years; and in either case 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.
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1. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
2. Subs. by Act 10 of 2009, s. 51, for “voluntarily conceals, by any act or illegal omission, the existence of a design” (w. e. f. 27-10-2009).