Section 119 IPC: Public Servant Concealing Design to Commit Offence Which It Is His Duty to Prevent
Section 119 of the Indian Penal Code, 1860 dealt with a public servant who intentionally facilitated, or knew it to be likely that he would facilitate, an offence which it was his official duty to prevent by concealing the design or knowingly making a false representation about it.
Text of Section 119 IPC
Whoever, being a public servant intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence which it is his duty as such public servant to prevent,
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. - Shall, if the offence be committed, be punished with imprisonment of any description provided for the offence, for a term which may extend to one-half of the longest term of such imprisonment, or with such fine as is provided for that offence, or with both;
If offence be punishable with death, etc. - Or, if the offence be punishable with death or imprisonment for life, with imprisonment of either description for a term which may extend to ten years;
If offence be not committed. - Or, if the offence be not committed, shall be punished with imprisonment of any description provided for the offence for a term which may extend to one-fourth part of the longest term of such imprisonment or with such fine as is provided for the offence, or with both.
Meaning and scope of Section 119
The provision applied only where the person was a public servant and prevention of the contemplated offence fell within that public servant's duty. It required an intention to facilitate the offence or knowledge that the concealment or false representation was likely to facilitate its commission.
Concealment could be by an act, an illegal omission, encryption or another information-hiding tool. A knowingly false representation respecting the design was also expressly covered.
Punishment under Section 119 IPC
If the offence is committed: imprisonment of a description provided for that offence for a term extending up to one-half of its longest term, or the fine provided for that offence, or both.
If the offence is punishable with death or imprisonment for life: imprisonment of either description for a term which may extend to ten years.
If the offence is not committed: imprisonment of a description provided for the offence for a term extending up to one-fourth of its longest term, or the fine provided for the offence, or both.
Essential requirements
- The accused must be a public servant.
- There must be a design to commit an offence which it is that public servant's duty to prevent.
- The public servant must intend to facilitate the offence or know that the conduct is likely to facilitate it.
- There must be voluntary concealment by an act, illegal omission, encryption or another information-hiding tool, or a representation known to be false respecting the design.
- The applicable punishment depends on the nature of the underlying offence and whether it is committed.
Statutory illustration
A, an officer of police, being legally bound to give information of all designs to commit robbery which may come to his knowledge, and knowing that B designs to commit robbery, omits to give such information, with intent to facilitate the commission of that offence. Here A has by an illegal omission concealed the existence of B's design, and is liable to punishment according to the provision of this section.
Encryption and information-hiding tools
The pre-BNS text expressly covered concealment through "the use of encryption or any other information hiding tool." That wording formed part of the amendment made by Act 10 of 2009, section 51, effective from 27 October 2009.
Historical amendment notes
2009 amendment: Act 10 of 2009, section 51 substituted the expanded concealment wording for the earlier phrase concerning voluntary concealment by an act or illegal omission, with effect from 27 October 2009.
1955 amendment: Act 26 of 1955, section 117 and the Schedule substituted "imprisonment for life" for the former expression "transportation for life" with effect from 1 January 1956.
Relationship with Sections 118 and 120 IPC
Section 118 IPC dealt with concealing a design to commit an offence punishable with death or imprisonment for life. Section 119 specifically addressed concealment by a public servant where preventing the contemplated offence was part of that public servant's duty. Section 120 IPC dealt with concealing 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 119 IPC for the requested pre-BNS legal regime and saved matters rather than as the provision governing new post-commencement conduct.