IPC Section 119
IPC Section 119 – Public servant concealing design to commit offence which it is his duty to prevent
This section applies to public servants (like police officers, government officials, or anyone legally assigned to prevent crime) who have a duty to prevent offenses.
If such a public servant knowingly conceals information about a planned offense, or fails to take steps to prevent it, they can be held legally responsible under this section.
Key Points
Who it applies to:
Police officers
Administrative officers
Any government employee or public servant tasked with preventing crime
When it applies:
When the public servant knows in advance about a plan to commit a crime
And intentionally:
Fails to report it to higher authorities or the proper agency
Fails to take reasonable steps to prevent the crime
Punishment:
The punishment depends on whether the offense actually occurs:
(a) If the offense does not occur:
The public servant can be punished with up to one-fourth (¼) of the maximum punishment prescribed for that offense.
The public servant can be punished with up to half (½) of the maximum punishment prescribed for that offense.
Examples
Example 1:
A police officer learns that a group is planning a murder.
The officer’s duty is to prevent it or report it.
If the officer ignores this information:
If the murder does not happen → officer can get ¼ of the punishment prescribed for murder.
If the murder does happen → officer can get ½ of the punishment prescribed for murder.
Example 2:
A jail officer knows some prisoners plan to escape.
If the officer does not act:
Escape does not happen → ¼ of the punishment for aiding escape.
Escape happens → ½ of the punishment.
Summary
The main purpose of IPC Section 119 is to ensure that public servants do not become complicit by inaction when they have a legal duty to prevent crimes.
Concealment or failure to act makes them liable, even if they did not directly commit the offense.
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