Section 239 BNS: Intentional omission to give information of offence by person bound to inform
Bharatiya Nyaya Sanhita, 2023
Section 239 BNS at a Glance
Section 239 BNS deals with intentional omission to give information of offence by person bound to inform. It is bailable and non-cognizable, triable by any Magistrate; it replaced Section 202 IPC on 1 July 2024.
Imprisonment of either description for up to six months.
Section 239 BNS Bare Act Text
239. Intentional omission to give information of offence by person bound to inform
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.
Source: Section 239, Bharatiya Nyaya Sanhita, 2023
Section 239 BNS in Simple Words
Section 239 of the Bharatiya Nyaya Sanhita (BNS) deals with a person who is legally bound to give information about an offence, but intentionally keeps silent. This is not about every failure to report a crime. The law applies only where there is a specific legal duty to inform, such as a duty arising from office, law, or a lawful order. To attract this section, the omission must be deliberate.
A mere mistake, ignorance, or inability to report is not enough. The practical purpose of this provision is to stop people from protecting offenders by withholding information that the law specifically requires them to share. It is often relevant for public servants, persons in charge of institutions, and others who have a statutory duty to report certain offences. In day-to-day legal practice, this section is used where silence itself helps conceal an offence.
The prosecution must show both the duty to inform and the intentional omission. Without proof of that duty, this section will not stand.
Ingredients of Section 239 BNS
- The commission of an offence that the accused knew or had reason to believe had been committed
- A legal duty on the accused to give information respecting that offence
- Intentional omission by the accused to give that information
Punishment Under Section 239 BNS
Imprisonment of either description for up to six months.
Fine up to five thousand rupees. The offender may be punished with fine alone or with both imprisonment and fine.
Intentionally omitting to give information that the law binds a person to give carries imprisonment for up to six months, or fine up to five thousand rupees, or both.
Example of Section 239 BNS
When Section 239 BNS Does Not Apply
- The person neither knew nor had reason to believe that an offence had been committed
- The person was not legally bound to give the information
- The person did not intentionally omit to give the information
- The act is giving false information respecting an offence, which is punished under Section 240 BNS
Section 239 BNS in the IPC (Previous Law)
Section 239 BNS replaces Section 202 IPC from the old criminal code.
Section 202 IPC is now Section 239 BNS, with the same title and the same words except for the fine. The IPC fixes no maximum for the fine. Section 239 BNS caps it at five thousand rupees.
View IPC Section 202 →FAQs on Section 239 BNS
Who can be punished under Section 239 BNS?▼
Only a person who is legally bound to give information about an offence can be punished under this section. If there was no legal duty to inform, the section does not apply. The prosecution must prove that the duty existed and that the omission was intentional.
Under Section 239 BNS, is mere failure to report a crime enough?▼
No. A simple failure to report is not enough by itself. The law requires a specific legal obligation to inform, and the omission must be deliberate.
What is the punishment under Section 239 BNS?▼
The punishment can extend to six months' imprisonment, or fine up to five thousand rupees, or both. It is a relatively light punishment compared with serious offences, but it can still lead to criminal liability.
Is the offence under Section 239 BNS bailable and cognizable?▼
It is bailable and non-cognizable. That means arrest is not automatic in the same way as for serious offences, and bail is ordinarily available.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·