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BNS Section 58: Concealing design to commit offence punishable with death or imprisonment for life

Section 58 of the Bharatiya Nyaya Sanhita, 2023 deals with concealing design to commit offence punishable with death or imprisonment for life. It replaces IPC 118 of the Indian Penal Code, 1860. Under the BNSS First Schedule, it depends on the sub-section: 58(a) is according as offence abetted is cognizable or non-cognizable and non-bailable; 58(b) is according as offence abetted is cognizable or non-cognizable and bailable.

Bail, cognizability and punishment

SectionOffencePunishmentCognizableBailableTriable by
58(a)Concealing design to commit offence punishable with death or imprisonment for life, if the offence be committed.Imprisonment for 7 years and fine.According as offence abetted is cognizable or non-cognizableNon-bailableCourt by which offence abetted is triable
58(b)If offence be not committed.Imprisonment for 3 years and fine.According as offence abetted is cognizable or non-cognizableBailableCourt by which offence abetted is triable

Source: BNSS, 2023, First Schedule, Part I.

Text of BNS Section 58

58. 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,—

(a) if that offence be committed, be punished with imprisonment of either description for a term which may extend to seven years; or

(b) if the offence be not committed, with imprisonment of either description, for a term which may extend to three years,

and shall also be liable to fine. Illustration.

A, 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.

IPC sections replaced

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