Section 118 IPC: Concealing Design to Commit Offence Punishable With Death or Imprisonment for Life
Section 118 of the Indian Penal Code, 1860 dealt with intentional or knowing concealment of a design to commit an offence punishable with death or imprisonment for life, as well as knowingly false representations concerning such a design. The punishment depended on whether the planned offence was ultimately committed.
Text of Section 118 IPC
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 illegal 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,
If offence be committed; if offence be not committed. - Shall, if that offence be committed, be punished with imprisonment of either description for a term which may extend to seven years, or, if the offence be not committed, with imprisonment of either description for a term which may extend to three years; and in either case shall also be liable to fine.
Meaning and scope of Section 118
The section targeted concealment or deliberate misinformation concerning a design to commit an offence carrying death or imprisonment for life. The required mental element was an intention to facilitate the offence or knowledge that the concealment or false representation was likely to facilitate its commission.
Concealment could occur by an act, an illegal omission, or - following the 2009 amendment - by use of encryption or another information-hiding tool. The provision also covered a representation about the design that the person knew to be false.
Punishment under Section 118 IPC
If the planned offence is committed: imprisonment of either description for a term which may extend to seven years, and liability to fine.
If the planned offence is not committed: imprisonment of either description for a term which may extend to three years, and liability to fine.
Essential requirements
- There must be a design to commit an offence punishable with death or imprisonment for life.
- The accused must intend to facilitate the commission of that offence, or know that the conduct is likely to facilitate it.
- There must be voluntary concealment of the design by an act, illegal omission, encryption or another information-hiding tool, or a representation known to be false respecting the design.
- The applicable maximum punishment depends on whether the designed offence is committed.
Statutory 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.
Encryption and information-hiding tools
The statutory language expressly included concealment "by the use of encryption or any other information hiding tool." This wording was inserted by Act 10 of 2009 and took effect on 27 October 2009. The amendment expanded the stated methods of concealment while retaining the section's requirements concerning the design, the serious underlying offence and the required intention or knowledge.
Historical amendment notes
1955 amendment: Act 26 of 1955, section 117 and the Schedule substituted "imprisonment for life" for "transportation for life" with effect from 1 January 1956.
2009 amendment: Act 10 of 2009, section 51 substituted the expanded concealment wording, including encryption and other information-hiding tools, for the earlier wording "voluntarily conceals, by any act or illegal omission, the existence of a design", with effect from 27 October 2009.
Related IPC provisions
Section 119 IPC dealt specifically with a public servant concealing a design to commit an offence which it was the public servant's duty to prevent. Section 120 IPC addressed concealment of a design to commit an offence punishable with imprisonment in the circumstances specified there.
Historical status after commencement of BNS
The Bharatiya Nyaya Sanhita, 2023 repealed the Indian Penal Code and, except for the separately treated provision in Section 106(2), came into force on 1 July 2024. The repeal-and-savings provision preserves the previous operation of the IPC and specified rights, liabilities, penalties, investigations and proceedings. This page therefore presents Section 118 IPC for the requested pre-BNS legal regime and saved matters rather than as the provision governing new post-commencement conduct.