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, 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 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.
BNS Section 59 deals with public servants who, either by intent or omission, facilitate the commission of an offence they are duty-bound to prevent. If they conceal the design of such an offence, either through acts, omissions, or information hiding methods, they are subject to legal consequences. The punishment varies depending on whether the offence is committed, its severity, and its potential consequences. Illustrations help clarify how a public servant might be liable for facilitating an offence by neglecting their duty to report known criminal designs.
A1: BNS Section 59 pertains to public servants who intentionally or knowingly conceal the design to commit an offence which they are duty-bound to prevent. Such concealment, whether through action or omission, makes the public servant liable to punishment.
A2: If the offence is committed, the public servant shall be punished with imprisonment for a term that may extend to half of the longest term provided for the offence, or with a fine, or both.
A3: If the offence is punishable with death or imprisonment for life, the public servant shall face imprisonment for a term which may extend to ten years.
A4: If the offence is not committed, the public servant may be punished with imprisonment for a term which may extend to one-fourth of the longest term of imprisonment for that offence or with a fine, or both.
A5: For example, a police officer who knows about a planned robbery and fails to report it, thus facilitating the offence by omission, would be liable for punishment under this section.
An example of BNS Section 59 would be a situation where a police officer is aware that a group of individuals is planning a robbery. Despite having this knowledge, the officer decides not to report it or take any preventive measures. As a result, the robbery takes place, and the officer is charged under this section for facilitating the offence by failing to fulfill his duty.
Another example could be a customs officer who, knowing of an intended smuggling operation, chooses to hide this information by using encryption to block reports. This deliberate concealment could lead to punishment if the smuggling is carried out or even if it isn't, under the provisions of Section 59.
BNS Section 59 addresses the criminal liability of public servants who deliberately conceal or fail to report designs to commit offences that they are responsible for preventing. It outlines punishments depending on whether the offence is committed and its severity. This law ensures that public servants are held accountable for neglecting their duties, thereby preventing the facilitation of criminal activities through their inaction or concealment.
Answer By Law4u Team
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