Section 58 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 58 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the offence of concealing the design to commit a serious crime, specifically those punishable with death or life imprisonment. This provision criminalizes acts of concealment or misrepresentation that facilitate the commission of such grave offences.
📜 Text of Section 58
Section 58 – Concealing design to commit offence punishable with death or imprisonment for life
Whoever intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with death or imprisonment for life, voluntarily conceals by any act or omission, or by the use of encryption or any other information hiding tool, 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 that offence be committed, be punished with imprisonment of either description for a term which may extend to seven years; or
(b) if the offence be not committed, with imprisonment of either description, for a term which may extend to three years, and shall also be liable to fine.
Illustration: A, knowing that dacoity is about to be committed at B, falsely informs the Magistrate that a dacoity is about to be committed at C, a place in an opposite direction, and thereby misleads the Magistrate with intent to facilitate the commission of the offence. The dacoity is committed at B in pursuance of the design. A is punishable under this section
⚖️ Key Elements
Intent or Knowledge: The individual must intend to facilitate or know that their actions are likely to facilitate the commission of a serious offence
Concealment or Misrepresentation: This includes any act or omission, such as providing false information or using encryption or other tools to hide the existence of a criminal plan.
Punishment:
If the serious offence is committed, the individual faces imprisonment for up to 7 years.
If the offence is not committed, the individual faces imprisonment for up to 3 years and may also be liable to a fine.
🔍 Comparison with Indian Penal Code (IPC)
Section 58 of the BNS, 2023 aligns with Section 118 of the Indian Penal Code (IPC), which deals with concealing the design to commit an offence punishable with death or life imprisonment. The BNS provision updates the language and scope to address modern concerns, including the use of encryption and information hiding tools in the concealment of criminal plans.
🛡️ Legal Implications
This section is significant in the context of modern criminal activities, where individuals may not directly commit a crime but play a crucial role in facilitating its commission through concealment or misrepresentation. The inclusion of modern tools like encryption reflects the evolving nature of crime and the legal system's response to it.
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