Section 59 BNS: Public servant concealing design to commit offence which it is his duty to prevent
Bharatiya Nyaya Sanhita, 2023
Section 59 BNS at a Glance
Section 59 BNS deals with public servant concealing design to commit offence which it is his duty to prevent. It is triable by the Court by which offence abetted is triable; it replaced Section 119 IPC on 1 July 2024.
Imprisonment 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.
Section 59 BNS Bare Act Text
59. 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 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.
IllustrationA, 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.
Source: Section 59, Bharatiya Nyaya Sanhita, 2023
Section 59 BNS in Simple Words
Section 59 of the Bharatiya Nyaya Sanhita (BNS) deals with a public servant who knows of a plan to commit an offence that it is his duty as a public servant to prevent, and voluntarily conceals that plan or makes a false representation about it intending to facilitate, or knowing he is likely to facilitate, its commission. Concealment can occur by any act or omission, or by the use of encryption or any other information hiding tool.
This section matters because public servants are trusted to protect the public and act against known criminal designs. The punishment is graded across three clauses depending on the offence and whether it takes place.
If the offence is committed, the punishment may extend to one-half of the longest term of imprisonment provided for that offence, or its fine, or both. If the offence is punishable with death or imprisonment for life, the punishment is imprisonment of either description for a term extending to ten years. If the offence is not committed, the punishment may extend to one-fourth of the longest term of imprisonment provided for the offence, or its fine, or both.
Ingredients of Section 59 BNS
- Being a public servant with a legal duty to prevent the commission of an offence
- Voluntary concealment of the design by an act or omission, or by the use of encryption or another information hiding tool
- Making a representation respecting the design known to be false
- Intending to facilitate or knowing it to be likely that such conduct will facilitate the commission of the offence
Punishment Under Section 59 BNS
Imprisonment 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.
Fine as provided for the offence, as an alternative or in addition to imprisonment, where applicable under the relevant limb.
The First Schedule provides three limbs. Bail follows the offence when the offence is committed. The concealment is non-bailable when the offence carries death or imprisonment for life, and bailable when the offence is not committed. Cognizance and the trial court follow the offence designed across all limbs.
- Cognizable: According as offence abetted is cognizable or non-cognizable
- Bailable: According as the offence is bailable or non-bailable where it is committed; non-bailable where the offence is punishable with death or imprisonment for life; bailable where the offence is not committed
Under Section 59 BNS, a public servant concealing a design to commit an offence he is bound to prevent faces graded imprisonment and fine across three limbs. Bail turns on the limb, and cognizance and the trial court follow the offence designed.
Example of Section 59 BNS
When Section 59 BNS Does Not Apply
- The person was not a public servant or owed no official duty to prevent the specific offence
- The accused had no intention to facilitate the offence and did not know that his conduct was likely to facilitate it
- There was no voluntary 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 59 BNS in the IPC (Previous Law)
Section 59 BNS replaces Section 119 IPC from the old criminal code.
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.
View IPC Section 119 →FAQs on Section 59 BNS
Who can be punished under Section 59 BNS?▼
Only a public servant can be punished under this section. A private person does not fall within its scope, even if he knows about the planned offence. The duty to prevent the offence is central to this provision.
Under Section 59 BNS, does the offence have to actually happen?▼
No, the section focuses on concealment of the design itself. The prosecution must show that the public servant knew about the plan and intentionally hid it. Actual commission of the main offence is not always necessary for liability under this section.
Under Section 59 BNS, what if the public servant did not know the full details?▼
Mere suspicion is usually not enough. The prosecution must prove knowledge of a real design to commit an offence. If the officer lacked clear knowledge, this section may not apply.
How is Section 59 BNS used in practice?▼
It is used where an official suppresses information about a planned crime instead of reporting it or taking action. In practice, it often comes up in cases involving abuse of office, police inaction, or deliberate shielding of offenders.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·