IPC Section 118

IPC Section 118 — Concealing a design to commit an offence punishable with death or life imprisonment

Core idea: Section 118 targets people who, before a very serious crime happens, knowingly or intending to help, hide the plan (“design”) to commit that crime. It punishes the concealment itself—even if the concealer never joins the crime.

What exactly is prohibited

A person is guilty under Section 118 if all of these are true:

There exists a “design” — a plan or intention — to commit an offence that is punishable with death or imprisonment for life (e.g., murder, certain terrorism or waging war offences, kidnapping for ransom, etc.).

The accused intends to facilitate that serious offence, or at least knows it’s likely their conduct will facilitate it.

The accused voluntarily conceals that design by an act, or by an illegal omission, or by giving false information

Act: e.g., destroying a written plan.

Illegal omission: staying silent despite a legal duty to inform (mere silence without a legal duty usually isn’t enough).

False information: misleading the police or others to hide the plan.

Timing matters: Section 118 is about concealment before or during the preparation phase. Once the main offence is completed, other provisions (like harbouring offenders or causing disappearance of evidence) may apply instead.

Punishment (two tiers)

If the main offence is actually committed: imprisonment up to 7 years, and fine.

If the main offence is not committed: imprisonment up to 3 years, and fine.

The seriousness of the planned offence (death or life eligible) is why Section 118 has comparatively higher maximums than concealment related to less serious crimes.

Key terms, simplified

Design: Not a vague suspicion; there must be a concrete plan or settled intention to commit the grave offence.

Voluntarily conceals: A deliberate choice to hide or mislead.

Illegal omission: Failure to act when the law imposes a duty (for example, certain public duties; professional or statutory reporting obligations).

What the prosecution must prove

A qualifying planned offence (punishable with death or life) existed.

The accused knew of it (or was aware their concealment was likely to facilitate it) or specifically intended to facilitate it.

The accused concealed the plan by act/illegal omission/false information.

Whether the main offence was ultimately committed (affects sentencing tier).

How this differs from nearby sections

Section 119: Similar concealment, but by a public servant who had a duty to prevent the offence—treated more seriously because of that duty.

Section 120: Concealing a design to commit other (less grave) offences—punishments are lower because the planned offences are less serious.

Abetment (Sections 107–109) and criminal conspiracy (120A–B): These punish actual participation in planning/encouraging the crime. Section 118 can apply even without joining the plan—mere deliberate concealment with the requisite intent/knowledge is enough.

Practical examples

False alibi at the planning stage: X knows Y is planning a contract killing. When police inquire, X lies that Y is out of town to keep suspicion away. That’s concealment by false information.

Destroying notes: A learns that a group plans to plant explosives. A burns the blueprint so investigators won’t find it. That’s concealment by act.

Staying silent despite duty: A security officer, legally obliged to report credible threats, learns of a plan to assassinate someone and doesn’t report it. That’s an illegal omission.

Common defences/limitations

No knowledge or intent: If the person genuinely didn’t know about the plan or didn’t realize concealment was likely to help it, Section 118 won’t fit.

No qualifying offence: If the concealed plan was not for an offence punishable with death or life, Section 118 doesn’t apply (though Section 120 or other provisions might).

Action aimed at prevention: If the person’s conduct was in good faith to prevent the crime (and not to facilitate it), that counters the required mental element.

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