Section 58 BNS: Concealing design to commit offence punishable with death or imprisonment for life

Bharatiya Nyaya Sanhita, 2023

Section 58 BNS at a Glance

Section 58 BNS deals with concealing design to commit offence punishable with death or imprisonment for life. It is triable by the Court by which offence abetted is triable; it replaced Section 118 IPC on 1 July 2024.

Punishment

Imprisonment of either description for a term which may extend to seven years if the offence be committed, or to three years if the offence be not committed.

Bail depends on the underlying offence ⓘCognizance depends on the case ⓘNon-Compoundable ⓘ🏛️ Court by which offence abetted is triable ⓘ

IPC Equivalent

Section 118 →

Section 58 BNS Bare Act Text

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.

Source: Section 58, Bharatiya Nyaya Sanhita, 2023

Section 58 BNS in Simple Words

Section 58 of the Bharatiya Nyaya Sanhita (BNS) deals with a person who hides or conceals a plan to commit an offence punishable with death or life imprisonment. The law applies when someone knows of such a serious design and intentionally keeps it hidden, instead of reporting or preventing it. It is aimed at protecting public safety before the main offence takes place. This provision matters because it treats silence or concealment, in a serious case, as a punishable act.

It is not about every private conversation or casual knowledge. The prosecution must show that the accused had knowledge of the unlawful design and intentionally concealed it. In practice, this section is used where a person helps keep a grave crime secret, especially when the planned offence is of the highest seriousness under law.

Ingredients of Section 58 BNS

Voluntary concealment of a design to commit an offence punishable with death or imprisonment for life
Concealment by any act or omission, or by the use of encryption or any other information hiding tool
Making any representation known to be false respecting such design
Intending to facilitate or knowing it to be likely that such conduct will facilitate the commission of the offence

Punishment Under Section 58 BNS

Imprisonment

Imprisonment of either description for a term which may extend to seven years if the offence be committed, or to three years if the offence be not committed.

Fine

Liable to fine in addition to imprisonment in either case under Section 58 BNS. The section sets no maximum amount.

Bail depends on the underlying offence ⓘCognizance depends on the case ⓘNon-Compoundable ⓘ🏛️ Court by which offence abetted is triable ⓘ

The First Schedule provides two limbs. Where the offence is committed it is non-bailable, and where it is not committed it is bailable. Cognizance and the trial court follow the offence designed in both limbs.

Cognizable: According as offence abetted is cognizable or non-cognizable
Bailable: Non-bailable if the offence is committed; bailable if it is not

Under Section 58 BNS, concealing a design to commit an offence punishable with death or imprisonment for life carries up to seven years imprisonment and liability to fine if committed, or up to three years imprisonment and liability to fine if not committed. It is non-bailable if the offence is committed and bailable if it is not. Cognizance and the trial court follow the offence designed.

Example of Section 58 BNS

Near Nashik, Vikram knows that a gang of six men has formed a design to commit dacoity at a specific farmhouse. Intending to facilitate the offence, Vikram falsely informs the local police outpost that the gang has assembled in an opposite direction miles away. The police patrol heads in the wrong direction because of the false information. The gang commits the dacoity at the farmhouse. Dacoity is punishable with imprisonment for life under Section 310(2) BNS. Vikram is therefore liable under Section 58 BNS to imprisonment extending to seven years, and is also liable to fine.

When Section 58 BNS Does Not Apply

The design was to commit an offence not punishable with death or imprisonment for life
The person had no intention to facilitate the offence and did not know that his conduct was likely to facilitate it
There was no concealment of a design and no representation made respecting it
He concealed nothing, and the only representation he made respecting the design he did not know to be false

Section 58 BNS in the IPC (Previous Law)

Section 58 BNS replaces Section 118 IPC from the old criminal code.

Section 118 IPC is replaced by Section 58 BNS. The words by the use of encryption or any other information hiding tool were already in Section 118 IPC, added by the Information Technology Amendment Act, 2008, and Section 58 BNS keeps them. Section 58 BNS sets out the two punishments as clauses a and b and drops the marginal words if offence be committed and if offence be not committed. The words and in either case shall also be liable to fine become and shall also be liable to fine, placed after both clauses. The terms of seven years and three years and the illustration are unchanged.

View IPC Section 118 →

FAQs on Section 58 BNS

What does Section 58 BNS punish?▼

It punishes knowingly hiding a plan to commit a very serious offence, namely one punishable with death or life imprisonment, or making a false representation about such a plan, intending to facilitate or knowing it is likely to facilitate the offence.

Under Section 58 BNS, do police need proof that the main crime actually happened?▼

No, not always. The focus is on the hidden design and the accused’s conduct to facilitate it. If the planned offence is committed, the imprisonment may extend to seven years; if it is not committed, it may extend to three years. In either case the offender is also liable to fine.

Is the offence under Section 58 BNS bailable?▼

It depends. Where the concealed offence is actually committed the offence is non-bailable; where it is not committed it is bailable. Cognizability follows the offence that was abetted in both cases.

Does Section 58 BNS cover hiding a plan using encryption or digital tools?▼

Yes. Section 58 BNS expressly covers concealing the existence of a design by the use of encryption or any other information hiding tool, in addition to any other act, omission, or false representation made to facilitate the offence.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·