Bharatiya Nyaya Sanhita, 2023 - Chapter IV

Section 60 BNS: Concealing Design to Commit Offence Punishable with Imprisonment

Section 60 of the Bharatiya Nyaya Sanhita, 2023 punishes a person who intentionally facilitates, or knows that he is likely to facilitate, an offence punishable with imprisonment by concealing a design to commit that offence or by knowingly making a false representation about the design.

Law: Bharatiya Nyaya Sanhita, 2023 Act: Act 45 of 2023 Section: 60 Chapter: IV - Of Abetment, Criminal Conspiracy and Attempt In force: 1 July 2024

Text of Section 60 BNS

60. Concealing design to commit offence punishable with imprisonment. Whoever, intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with imprisonment, voluntarily conceals, by any act or illegal omission, 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 the offence be committed, be punished with imprisonment of the description provided for the offence, for a term which may extend to one-fourth; and

(b) if the offence be not committed, to one-eighth, of the longest term of such imprisonment, or with such fine as is provided for the offence, or with both.

What Section 60 Means

Section 60 applies to concealment of a plan or design to commit an offence punishable with imprisonment. The person must act with the intention of facilitating the offence, or with knowledge that the concealment or false representation is likely to facilitate it.

The provision covers voluntary concealment by an act or illegal omission. It also covers a representation concerning the design which the person knows to be false.

Essential Ingredients of Section 60

For Section 60 to apply, the following elements are material:

  • there must be a design to commit an offence punishable with imprisonment;
  • the accused must intend to facilitate the commission of that offence, or know that the conduct is likely to facilitate it;
  • the accused must voluntarily conceal the existence of the design by an act or illegal omission, or make a representation about the design which he knows to be false; and
  • the punishment depends on whether the underlying offence is actually committed.

Punishment under Section 60

If the offence is committed Imprisonment of the description provided for the offence for a term which may extend to one-fourth of the longest term of that imprisonment, or the fine provided for the offence, or both.
If the offence is not committed Imprisonment of the description provided for the offence for a term which may extend to one-eighth of the longest term of that imprisonment, or the fine provided for the offence, or both.

Meaning of "Illegal Omission"

Section 2(15) of the BNS explains that the word "illegal" applies to everything which is an offence, prohibited by law, or furnishes ground for a civil action. It also states that a person is legally bound to do whatever it is illegal for that person to omit.

In the context of Section 60, an illegal omission may therefore amount to concealment where a person who is legally required to act deliberately fails to do so, and the remaining ingredients of Section 60 are present.

Knowingly False Representation

Section 60 is not confined to physically hiding information. It also applies where a person knowingly makes a false representation concerning the existence or details of the design to commit the offence, provided the required intention or knowledge to facilitate the offence is established.

Difference Between Sections 58, 59 and 60 BNS

Section 58 deals with concealment of a design to commit an offence punishable with death or imprisonment for life and expressly refers to encryption or other information-hiding tools. Section 59 applies specifically to a public servant concealing a design to commit an offence which it is his duty to prevent. Section 60 deals more generally with concealment of a design to commit an offence punishable with imprisonment.

Unlike Sections 58 and 59, the text of Section 60 does not expressly refer to encryption or other information-hiding tools. Its wording refers to concealment by an act or illegal omission, or to a knowingly false representation.

Commencement of the Bharatiya Nyaya Sanhita

The Bharatiya Nyaya Sanhita, 2023 received presidential assent on 25 December 2023. By notification dated 23 February 2024, the Central Government appointed 1 July 2024 as the date on which the BNS came into force, except Section 106(2).

Official References

Note: This page reproduces and explains the statutory provision for general legal information. Whether Section 60 applies in a particular case depends on the alleged design, the accused person's intention or knowledge, the nature of the concealment or false representation, whether the underlying offence was committed, and the evidence and other applicable law.