IPC 119→BNS 59

IPC 119 to BNS 59: Public servant concealing design to commit offence which it is his duty to prevent

Section 119 IPC (1860) replaced by Section 59 BNS (2023)

View IPC Section 119 →View BNS Section 59 →

IPC 119 to BNS 59 at a Glance

Section 119 IPC (Public servant concealing design to commit offence which it is his duty to prevent) is now Section 59 BNS, in force from 1 July 2024. What changed is set out below.

What Changed From IPC 119 to BNS 59?

Section 119 IPC is replaced by Section 59 BNS. The words by the use of encryption or any other information hiding tool were already in Section 119 IPC, added by the Information Technology Amendment Act, 2008, and Section 59 BNS keeps them. Section 59 BNS sets out the three punishments as clauses a, b and c and drops the marginal words. In the illustration, with intent to facilitate becomes with intent to so facilitate. The fractions of the longest term and the ten-year term are unchanged.

IPC 119 vs BNS 59: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section11959
OffencePublic servant concealing design to commit offence which it is his duty to preventSame
PunishmentImprisonment extending to half of the longest term provided for the offence if committed, or extending to ten years if the offence carries death or imprisonment for life, or extending to one-fourth part if not committed.Same
FineFine as provided for the offence, as an alternative or in addition to imprisonment, where applicable under the relevant limb.Same
BailNon-BailableSame
CognizanceNon-CognizableSame
CompoundableNon-CompoundableSame
Triable ByCourt by which offence abetted is triableSame

IPC 119 and BNS 59: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 119, IPC 1860

119. Public servant concealing design to commit offence which it is his duty to prevent.—Whoever, being a public servant intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence which it is his duty as such public servant to prevent, 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, if offence be committed.—shall, if the offence be committed, be punished with imprisonment of any description provided for the offence, for a term which may extend to one-half of the longest term of such imprisonment, or with such fine as is provided for that offence, or with both; if offence be punishable with death, etc.—or, if the offence be punishable with death or imprisonment for life, with imprisonment of either description for a term which may extend to ten years; if offence be not committed.—or, if the offence be not committed, shall be punished with imprisonment of any description provided for the offence for a term which may extend to one-fourth part of the longest term of such imprisonment or with such fine as is provided for the offence, or with both. Illustration A, an officer of police, being legally bound to give information of all designs to commit robbery which may come to his knowledge, and knowing that B designs to commit robbery, omits to give such information, with intent to facilitate the commission of that offence. Here A has by an illegal omission concealed the existence of B’s design, and is liable to punishment according to the provision of this section.
BNS 2023 (in force)

Section 59, BNS 2023

Whoever, being a public servant, intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence which it is his duty as such public servant to prevent, 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 the offence be committed, be punished with imprisonment of any description provided for the offence, for a term which may extend to one-half of the longest term of such imprisonment, or with such fine as is provided for that offence, or with both; or (b) if the offence be punishable with death or imprisonment for life, with imprisonment of either description for a term which may extend to ten years; or (c) if the offence be not committed, shall be punished with imprisonment of any description provided for the offence for a term which may extend to one-fourth part of the longest term of such imprisonment or with such fine as is provided for the offence, or with both. Illustration. A, an officer of police, being legally bound to give information of all designs to commit robbery which may come to his knowledge, and knowing that B designs to commit robbery, omits to give such information, with intent to so facilitate the commission of that offence. Here A has by an illegal omission concealed the existence of B’s design, and is liable to punishment according to the provision of this section.

Ingredients: IPC 119 vs BNS 59

Under IPC 119
  1. The accused was a public servant whose duty as such public servant it was to prevent the offence
  2. The existence of a design to commit that offence
  3. Voluntary concealment of the design by an act or omission, or by the use of encryption or another information hiding tool, or making a representation respecting the design known to be false
  4. An intention to facilitate the commission of the offence, or knowledge that such conduct is likely to facilitate its commission
Under BNS 59
  1. Being a public servant with a legal duty to prevent the commission of an offence
  2. Voluntary concealment of the design by an act or omission, or by the use of encryption or another information hiding tool
  3. Making a representation respecting the design known to be false
  4. Intending to facilitate or knowing it to be likely that such conduct will facilitate the commission of the offence

What IPC 119 to BNS 59 Means for Pending Cases

For Section 119 IPC (now Section 59 BNS): under Section 59 BNS, a public servant who conceals a design to commit an offence he is bound to prevent faces the same punishments as under Section 119 IPC. A charge for an act done after the BNS came into force cites Section 59 BNS.

FAQs: IPC 119 to BNS 59

What changed from Section 119 IPC in Section 59 BNS?▼

Only the layout and one word. The three punishments become clauses a, b and c, and the marginal words go. The illustration now reads with intent to so facilitate. Concealment by encryption or any other information hiding tool was already covered by Section 119 IPC.

Where does Section 119 IPC sit in the Bharatiya Nyaya Sanhita?▼

It sits in Section 59 BNS, in Chapter IV, Of Abetment, Criminal Conspiracy and Attempt.

Does Section 119 IPC or Section 59 BNS apply to an act done before 1 July 2024?▼

Section 119 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 119 IPC. Section 59 BNS governs acts done on or after 1 July 2024.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·