BNS Section 60 – Concealing Design To Commit Offence Punishable With Imprisonment

BNS Section 60 addresses the act of concealing a plan to commit a crime that is punishable by imprisonment. This section is a crucial part of the Bharatiya Nyaya Sanhita, as it holds people accountable who, by their actions or inactions, help facilitate a crime by keeping the plan a secret. This provision is part of Chapter IV of the BNS, which deals with abetment, criminal conspiracy, and attempt. In this comprehensive guide on BNS Section 60, which has replaced IPC Section 120. This blog will help you understand this legal provision in simple terms.

You will learn about:

• A simplified explanation of the section, broken down into its key components.
• Practical examples that illustrate how this law works in real-life situations.
• The major improvements and changes from the old IPC.
• Answers to frequently asked questions about BNS Section 60.

Simplified Explanation of BNS Section 60

This section makes it a crime to knowingly hide a plan to commit an offense that could lead to imprisonment. It applies in two scenarios:

If the offense is committed: The punishment is up to one-fourth of the longest term of imprisonment prescribed for the original offense, or a fine, or both.

If the offense is not committed: The punishment is up to one-eighth of the longest term of imprisonment prescribed for the original offense, or a fine, or both.

The key components of this section are:

• Voluntary Concealment: You must intentionally hide the existence of a plan to commit a crime.
• Illegal Omission: You can be held liable not just for an action, but also for failing to act when you had a duty to do so, such as not reporting a crime you know is being planned.
• False Representation: Making a false statement about the plan, knowing that it will help the crime happen, is also an offense.

Practical Examples Illustrating BNS Section 60

Scenario 1 (If Offense is Committed)

• Rahul finds out his friend Amit is planning to rob a bank. Instead of reporting the plan to the police, Rahul keeps it a secret and even gives Amit information about the bank's security system. Amit robs the bank and is caught. Under BNS Section 60, Rahul can be punished with imprisonment for up to one-fourth of the maximum term for the robbery because he concealed the plan and helped facilitate the crime.

Scenario 2 (If Offense is Not Committed)

• Priya overhears her colleague Sunil planning to embezzle funds from their company. She decides not to report him, thinking it is not her business. Sunil's plan fails, and he is unable to embezzle the money. Even though the crime was not completed, Priya can still be punished under BNS Section 60 for up to one-eighth of the maximum imprisonment term for embezzlement because she concealed the plan.

Key Improvements and Changes: IPC to BNS

The Bharatiya Nyaya Sanhita, 2023, is a significant overhaul of India's criminal justice framework. One major change is the decriminalization of attempted suicide, which was an offense under Section 309 of the Indian Penal Code (IPC). The new law removes this provision entirely, reflecting a shift in perspective from treating suicide attempts as a crime to viewing them as a mental health issue requiring support.

BNS Section 60 - Simplified Explanation

This table provides a quick, simple overview of BNS Section 60, breaking down the offense, punishment, and other legal classifications in an easy-to-read format.

Conclusion

Understanding BNS Section 60 is essential for anyone interested in India's legal reforms. This section, a key part of the new Bharatiya Nyaya Sanhita, aims to simplify and modernize laws related to the concealment of criminal plans. By clearly defining the offense, punishment, and other legal aspects, the BNS provides a more transparent and efficient framework. This change from the old IPC helps ensure the legal system is more accessible and citizen-friendly. Explore this guide to gain clarity on its provisions and implications.