Code: Section 58 BNS
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.
Explanation of Section 58 BNS
Section 58 of the Bharatiya Nyaya Sanhita, 2023 (BNS) penalizes individuals who conceal or misrepresent plans related to serious offences like murder or dacoity. This provision ensures that those who assist in the concealment of such crimes are held accountable, even if they do not directly commit the offence.
Key Elements of Section 58 BNS
- Intent to Conceal or Mislead
- The person must voluntarily conceal or misrepresent a planned offence that is punishable by death or life imprisonment.
- Use of Encryption or Concealment Tools
- If the concealment involves the use of encryption, misinformation, or any other technological tools, it still falls under this offence.
- Punishment Based on Commission of the Offence
- If the offence is committed, punishment can extend up to 7 years.
- If the offence is not committed, punishment can extend up to 3 years.
- Liability to Fine
- The guilty party is also liable to a fine, in addition to imprisonment.
Illustrations
Example 1: Concealing a Murder Plot
A learns about a plan to assassinate a politician but refuses to inform the police. Later, the politician is murdered as planned. A is liable under Section 58 BNS and can be punished for up to 7 years in prison.
Example 2: False Information to Mislead the Police
B is aware of a dacoity plan but deliberately misdirects the police to another location. The dacoity occurs as planned. B is punishable under this section for misleading law enforcement.
Example 3: Concealment Without the Crime Being Committed
C hides information about a planned robbery, but the robbery never takes place. C can still be punished with up to 3 years in prison for the concealment.
Common Questions and Answers on Section 58 BNS
1. What is the main objective of Section 58 BNS?
Section 58 ensures that concealing or misrepresenting information about a serious crime is punishable, even if the person does not directly participate in the crime.
2. Does this section apply only to physical concealment?
No. It includes digital concealment, such as using encryption or misinformation to hide a crime plan.
3. What if the person unknowingly conceals the offence?
Section 58 applies only if the person knows about the crime and intentionally conceals it. Unintentional concealment is not punishable under this section.
4. Can a person be punished under this section even if the crime does not happen?
Yes. Even if the crime is not committed, the person can still face up to 3 years imprisonment for concealing the plan.
5. Is giving false information to the police punishable under this section?
Yes. If someone provides false information with the intent to mislead authorities and facilitate a crime, they can be held liable under Section 58 BNS.
Conclusion
Section 58 BNS plays a critical role in preventing serious crimes by penalizing those who knowingly conceal or misrepresent information related to offences punishable by death or life imprisonment. This provision acts as a deterrent to individuals who attempt to shield criminals or mislead law enforcement agencies.
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