Section 60 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 60 of the Bharatiya Nyaya Sanhita (BNS), 2023 – Concealing Design to Commit Offence Punishable with Imprisonment
Section 60 of the Bharatiya Nyaya Sanhita, 2023, criminalizes the act of concealing the intention or design to commit an offence that is punishable with imprisonment. This provision is designed to deter individuals from hiding or misrepresenting plans to commit crimes, thereby facilitating law enforcement in preventing potential offences.
Text of Section 60
"Whoever, intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with imprisonment, voluntarily conceals, by any act or illegal omission, 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 the offence be committed, be punished with imprisonment of the description provided for the offence, for a term which may extend to one-fourth; and
(b) if the offence be not committed, to one-eighth, of the longest term of such imprisonment, or with such fine as is provided for the offence, or with both."
Key Elements
Intention or Knowledge: The individual must have the intention to facilitate or know that their actions are likely to facilitate the commission of an offence punishable with imprisonment
Concealment or False Representation: This can be through any act or illegal omission that hides the existence of a design to commit the offence, or by making a false representation about such a design
Punishment:
If the offence is committed: The individual can be punished with imprisonment of the same description as the offence, for a term that may extend to one-fourth of the term prescribed for the offence.
If the offence is not committed: The individual can be punished with imprisonment for a term that may extend to one-eighth of the longest term prescribed for the offence, or with such fine as is provided for the offence, or with both.
Illustrative Examples
Example 1: An individual learns about a planned robbery and, instead of reporting it, provides the perpetrators with information about the security systems. The robbery is carried out, and the individual is found to have concealed the design. Under Section 60, they could face imprisonment for up to one-fourth of the term prescribed for the robbery offence.(
Example 2: A person overhears a conversation about a planned embezzlement but chooses to remain silent and not inform the authorities. If the embezzlement does not occur, the individual could still be punished under Section 60, with imprisonment for up to one-eighth of the term prescribed for the offence or a fine.(
Comparison with Similar Provisions
Section 60 is similar to Section 120 of the Indian Penal Code, 1860, which also deals with concealing the design to commit an offence punishable with imprisonment. The primary difference lies in the specific provisions and language used in the Bharatiya Nyaya Sanhita, 2023, reflecting the updated legal framework.
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