Section 239 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 239 of the Bharatiya Nyaya Sanhita, 2023 deals with the intentional omission to report an offence by a person who is legally bound to do so.
🧾 Text of Section 239 – BNS, 2023
“Whoever, knowing or having reason to believe that an offence has been committed, intentionally omits to give any information respecting that offence which he is legally bound to give, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both.”
🔍 Key components:
Knowledge or reasonable belief of a crime having occurred.
Legal obligation to inform—applies only to those who are legally bound (e.g., witnesses, officials, certain professionals).
Intentional omission—must be deliberate, not accidental or due to oversight.
⚖️ Punishment & Classification
Imprisonment: Up to 6 months
Fine: Up to ₹5,000, or both
Nature of offence:
Non‑cognizable
Bailable
Triable by any Magistrate
🌐 Scope & Explanation
The section applies even when the offence occurred outside India, if it would be punishable here under specified serious offences (e.g., murder, robbery, dacoity, grievous hurt, house‑trespass)
The omission must be intentional—forgetfulness, coercion, minority, or mental incapacity could serve as valid excuses
🔄 Comparison with IPC
Analogous to Section 202 of the Indian Penal Code, but BNS explicitly stipulates:
Fine capped at ₹5,000
Clarifies legal-bound obligation and extraterritorial applicability
🛠 Practical Example
A person witnesses a serious assault and is legally obliged to report it (e.g., as a public servant or professional) but deliberately stays silent.
This omission, if intentional, invites prosecution under Section 239—potentially up to 6 months’ imprisonment, a fine, or both.
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