Section 60 BNS: Concealing design to commit offence punishable with imprisonment

Bharatiya Nyaya Sanhita, 2023

Section 60 BNS at a Glance

Section 60 BNS deals with concealing design to commit offence punishable with imprisonment. It is triable by the Court by which offence abetted is triable; it replaced Section 120 IPC on 1 July 2024.

Punishment

Imprisonment of the description provided for the offence for a term extending to one-fourth of the longest term if committed, or extending to one-eighth if 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 120 →

Section 60 BNS Bare Act Text

60. Concealing design to commit offence punishable with imprisonment
Whoever, intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with imprisonment, voluntarily conceals, by any act or illegal omission, 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 the description provided for the offence, for a term which may extend to one-fourth; and
(b) if the offence be not committed, to one-eighth, of the longest term of such imprisonment, or with such fine as is provided for the offence, or with both.

Source: Section 60, Bharatiya Nyaya Sanhita, 2023

Section 60 BNS in Simple Words

Section 60 of the Bharatiya Nyaya Sanhita (BNS) deals with a person who knowingly conceals a design to commit an offence punishable with imprisonment. It applies when someone, intending to facilitate or knowing it to be likely that he will facilitate the commission of the offence, voluntarily conceals the existence of the design by any act or illegal omission, or makes a representation about the design that he knows to be false.

The section does not punish every failure to speak. An omission is covered only when it is an illegal omission accompanied by the required intention or knowledge that it will likely facilitate the offence. In practice, investigators must show knowledge of the design and deliberate concealment or false representation.

If the planned offence is committed, the punishment extends to one-fourth of the longest term of imprisonment provided for that offence, or the fine provided for the offence, or both. If the offence is not committed, the punishment extends to one-eighth of the longest term, or fine, or both.

Ingredients of Section 60 BNS

Concealment of a design to commit an offence punishable with imprisonment
Voluntary concealment of the design by an act or illegal omission
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 60 BNS

Imprisonment

Imprisonment of the description provided for the offence for a term extending to one-fourth of the longest term if committed, or extending to one-eighth if not committed.

Fine

Fine as provided for the offence, as an alternative or in addition to imprisonment, where applicable under the relevant limb.

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. Bail follows the offence when the offence is committed, and the concealment is bailable when the offence is not committed. Cognizance and the trial court follow the offence designed in both 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; bailable where it is not committed

Under Section 60 BNS, concealing a design to commit an offence punishable with imprisonment carries up to one-fourth of the longest term if committed, or up to one-eighth if not committed, or fine, or both. Bail follows the offence if it is committed, and the concealment is bailable if it is not. Cognizance and the trial court follow the offence designed.

Example of Section 60 BNS

In Kanpur, Ramesh learns that his associate plans to steal copper cables from an industrial depot that night. Intending to facilitate the theft, Ramesh tells the depot security guard, who asks whether he has heard of any plan to raid the depot, that he has heard of none. Relying on him, the guard makes no extra round, and the associate commits the theft. Under Section 303(2) BNS, theft carries imprisonment extending to three years, or fine, or both. Under Section 60 BNS, Ramesh is liable to imprisonment extending to nine months, or fine, or both, which is one-fourth of the longest term provided for theft.

When Section 60 BNS Does Not Apply

The design was to commit an offence punishable only with fine
The person 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 60 BNS in the IPC (Previous Law)

Section 60 BNS replaces Section 120 IPC from the old criminal code.

Section 120 IPC is replaced by Section 60 BNS. Section 60 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 by any act or illegal omission are kept. The fractions of one-fourth of the longest term if the offence is committed and one-eighth if it is not committed are unchanged.

View IPC Section 120 →

FAQs on Section 60 BNS

Is mere silence enough to attract liability under Section 60 BNS?▼

Not by itself. Under Section 60 BNS, concealment must be by an act, an illegal omission, or a representation that the person knows to be false, done with the intention of facilitating the offence or knowing it is likely to facilitate it.

Does Section 60 BNS apply if the planned offence was never committed?▼

Yes, it can still apply. If the planned offence is not committed, the person is punishable with imprisonment extending to one-eighth of the longest term provided for the offence, or with the fine provided for the offence, or with both.

Under Section 60 BNS, what if I knew about a plan but was afraid to report it?▼

Fear may be relevant on the facts, but liability depends on whether there was a voluntary concealment by an act or illegal omission, or a knowingly false representation, made to facilitate or likely to facilitate the offence. Each case turns on its evidence.

How does Section 60 BNS differ from concealing a plan for an offence punishable with death or life imprisonment?▼

Section 58 BNS separately provides higher punishments where the concealed design is to commit an offence punishable with death or imprisonment for life, whereas Section 60 BNS applies to designs to commit offences punishable with imprisonment.

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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 ·