Section 118 IPC: Concealing design to commit offence punishable with death or imprisonment for life
Indian Penal Code, 1860
Section 118 IPC at a Glance
Section 118 IPC 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; from 1 July 2024 it is replaced by Section 58 BNS.
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.
Section 118 IPC Bare Act Text
118. 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,
if offence be committed; if offence be not committed.—shall, if that offence be committed, be punished with imprisonment of either description for a term which may extend to seven years, or, if the offence be not committed, with imprisonment of either description, for a term which may extend to three years; and in either case shall also be liable to fine.
IllustrationA, 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 118, Indian Penal Code, 1860
Section 118 IPC in Simple Words
Section 118 of the Indian Penal Code (IPC) punishes any person who, 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 the existence of a design to commit such offence by any act or omission or by the use of encryption or any other information hiding tool, or makes any representation which he knows to be false respecting such design.
If the offence is committed, the punishment extends to seven years imprisonment, and the offender is also liable to fine.
If the offence is not committed, the term extends to three years imprisonment, and the offender is also liable to fine.
Ingredients of Section 118 IPC
- The existence of a design to commit an offence punishable with death or imprisonment for life
- 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
- An intention to facilitate the commission of the offence, or knowledge that such conduct is likely to facilitate its commission
Punishment Under Section 118 IPC
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.
Liable to fine in addition to imprisonment in either case under the IPC. The section sets no maximum amount.
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 the IPC, concealing a design to commit an offence punishable with death or imprisonment for life carries up to seven years imprisonment and fine if committed, or up to three years imprisonment and 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 118 IPC
When Section 118 IPC Does Not Apply
- The concealed plan concerned an offence that does not carry a punishment of death or imprisonment for life.
- The accused neither intended to help the offence take place nor knew that his conduct was likely to facilitate its commission.
- The accused did not hide the existence of the plot by any act, omission, encryption or information hiding tool, and made no statement about it.
- Any statement the accused made about the planned offence was made in good faith without knowing it to be false.
Section 118 IPC in the BNS
Section 118 IPC is now covered under Section 58 BNS.
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 detailed comparison (IPC 118 vs BNS 58) →FAQs on Section 118 IPC
What does Section 118 IPC say?▼
Section 118 IPC provides that 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 be punished according to whether the offence is committed or not committed.
What is the punishment under Section 118 IPC?▼
Where the offence is committed, the offender is punished with imprisonment of either description for a term extending to seven years, and is also liable to fine. Where the offence is not committed, imprisonment of either description extends to three years, and the offender is also liable to fine.
Does concealing a design using encryption or information hiding tools fall under Section 118 IPC?▼
Yes. The Information Technology Amendment Act, 2008 added the words by the use of encryption or any other information hiding tool to Section 118 IPC, beside concealment by any act or omission.
Is an offence under Section 118 IPC cognizable?▼
Cognizability is conditional under the First Schedule to the CrPC, determined according as the offence abetted is cognizable or non-cognizable.
Is an offence under Section 118 IPC bailable?▼
Under the First Schedule to the CrPC, the offence is non-bailable if the designed offence is committed, and bailable if the offence is not committed.
Which court tries an offence under Section 118 IPC?▼
Under the First Schedule to the CrPC, the offence is triable by the court by which the offence abetted is triable.
Can an offence under Section 118 IPC be compounded?▼
No. Section 118 IPC is not listed in Section 320 CrPC, so it cannot be compounded.
Which provision of the Bharatiya Nyaya Sanhita corresponds to Section 118 IPC?▼
Section 58 BNS corresponds to Section 118 IPC, restructuring the two punishment tiers into clauses a and b while retaining the substantive elements and illustration.
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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·