IPC Section 119: Public Servant Concealing Design to Commit Offence

1. State the Code:

Section 119 of the Indian Penal Code states: “Whoever, being a public servant, knowing that a design to commit an offence against the State or against the public tranquility, or to wage war against the Government of India, is entertained by any person, conceals such design, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.”

2. Explanation:

This section of the IPC deals with the act of a public servant knowingly concealing a design to commit certain offenses. The offenses included are:

• Offence against the State
• Offence against the public tranquility
• Waging war against the Government of India

The essence of the offense lies in the public servant’s deliberate act of hiding such a design, even though they are aware of its existence.

3. Illustration:

A police officer, aware of a group’s plan to disrupt public peace by organizing a riot, chooses to ignore this information and doesn’t take any action to prevent the riot. This deliberate concealment of the design makes the police officer liable under Section 119.

4. Common Questions and Answers:

Q: What are the essential elements of this offense?

A:

• The accused must be a public servant.
• There must be a design to commit an offense (as mentioned in the section).
• The public servant must be aware of this design.
• The public servant must intentionally conceal the design.

Q: What is the punishment for this offense?

A: Imprisonment of up to two years, fine, or both.

Q: What are some examples of “offenses against the State” or “public tranquility”?

A:

• Sedition
• Rioting
• Terrorism
• Treason