BNS Section 59 – Public Servant Concealing Design To Commit Offence Which It Is His Duty To Prevent

BNS Section 59 focuses on the responsibility of public servants, such as police officers, government officials, or anyone whose job is to stop crimes. If such a person knows about a secret plan or design to commit a crime, especially one they are supposed to prevent, and chooses to hide this information or lie about it, they can be punished under this section. This rule ensures that public servants cannot protect criminals by covering up their plans. It holds them accountable for failing in their duty to stop crimes by keeping silent or hiding important facts. The section makes sure that officials work honestly to prevent crime and do not help criminals in any way. BNS Section 59 is an easy-to-understand, modern update of an earlier law that served the same purpose.

In this Article, you are going to learn:

• BNS Section 59 focuses on the responsibility of public servants, such as police officers, government officials, or anyone whose job is to stop crimes.
• Legal Provision of BNS Section 59
• Illustration
• Simplified Explanation of BNS Section 59
• Practical Examples Illustrating BNS Section 59
• Key Features of BNS Section 59
• Conclusion

Legal Provision of BNS Section 59

"Whoever, being a public servant, intending to help or knowing that it is likely they will help in the commission of an offence which it is their duty to prevent, voluntarily hides by any action, omission, or use of methods like encryption or other means to conceal information the existence of a plan to commit such offence, or makes any false statement about such plan:

(a) If the offence is committed, shall be punished with imprisonment for up to half of the longest imprisonment allowed for that offence, or with a fine, or both.

(b) If the offence is punishable by death or life imprisonment, shall be punished with imprisonment for up to ten years.

(c) If the offence is not committed, shall be punished with imprisonment for up to one-fourth of the longest imprisonment allowed for that offence, or with a fine, or both."

Illustration:

If a police officer learns about a secret plan to commit a robbery but does not report it and instead hides or lies about it, the officer can be punished depending on whether the robbery happens or not.

Example:

A police officer knows about a planned robbery at Bank A but falsely tells the authorities that it will happen at Bank B. If the robbery takes place at Bank A, the officer is punishable under this section.

Simplified Explanation of BNS Section 59

Explanation in Simple Words

This section says that if a public servant knows about a secret plan to commit a crime, especially a crime they are supposed to stop, but keeps it hidden or lies about it, they will be punished. The level of punishment depends on whether the crime happened and how serious the crime is. The law wants public servants to do their job honestly and stop crimes, not protect criminals by keeping secrets.

Practical Examples Illustrating BNS Section 59

• A police officer finds out about a plan to commit a robbery, but does not report it. If the robbery happens later, the officer can get jail time up to half of what is allowed for robbery.
• If the officer hides the plan but the robbery does not happen, they can still be punished with jail for up to one-fourth of the maximum allowed time or a fine.
• If the crime planned is very serious, like murder (which can lead to life imprisonment or the death penalty), and the public servant hides the plan, they may be punished with up to ten years in prison if the crime happens.

Key Features of BNS Section 58

Here is a clearer and more detailed table for BNS Section 59:

Conclusion

BNS Section 59 establishes strong accountability for public servants who have a legal duty to prevent crimes but deliberately hide plans or information about offenses they are meant to stop. This provision reinforces the importance of integrity and responsibility among officials who serve the public, ensuring they cannot aid criminals by concealing critical information. Strict punishments under this section, proportionate to the severity of the concealed offence, help deter negligence or corruption in public service. Ultimately, Section 59 protects public trust, strengthens law enforcement, and promotes the safety and security of society by making sure those entrusted with prevention act in good faith and carry out their duties without concealment or deception.