Answer By law4u team
Bharatiya Nyaya Sanhita, 2023 - Section 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.
Brefe Detail
BNS Section 60 pertains to cases where an individual, either with the intent to facilitate or with the knowledge that their actions are likely to facilitate the commission of an offence punishable by imprisonment, voluntarily conceals the existence of a plan to commit such an offence. This concealment can be through an act or illegal omission. Furthermore, if the individual knowingly makes false representations about the design to commit the offence, they are also held liable. If the offence is committed, the person concealing the plan will be imprisoned for up to one-fourth of the longest term for the offence. If the offence is not committed, the person may be imprisoned for up to one-eighth of the longest term, fined, or both.
Question & Answers
What is BNS Section 60 related to?
BNS Section 60 is related to the concealment of a design to commit an offence punishable with imprisonment.
What happens if someone conceals a design to commit an offence that is eventually committed?
If the offence is committed, the person who concealed the design can be punished with imprisonment for a term that may extend to one-fourth of the longest term of imprisonment provided for the offence.
What is the punishment if the offence is not committed?
If the offence is not committed, the individual can be punished with imprisonment for up to one-eighth of the longest term of imprisonment, or fined, or both.
Does BNS Section 60 also apply to someone who makes false representations about a design to commit an offence?
Yes, BNS Section 60 also applies to someone who knowingly makes false representations about a design to commit an offence.
What are the key factors that determine the punishment under BNS Section 60?
The key factors are whether the offence is committed or not and the extent to which the person facilitated the concealment or misrepresented the design to commit the offence.
Example
Example of Concealing a Plan to Commit Theft
Suppose a person knows that a group is planning a theft and voluntarily hides this information or provides a false story to cover up the plan. If the theft occurs, this individual could face up to one-fourth of the maximum term of imprisonment assigned for the theft. If the theft does not occur, they might still face up to one-eighth of the maximum term, a fine, or both.
Example of False Representation in a Fraud Case
An individual learns about a fraudulent scheme and falsely informs others that the plan does not exist. If the fraud takes place, the individual could be punished similarly based on the seriousness of the fraud. If no fraud occurs, they could still face consequences as outlined in BNS Section 60.
