Intentional omission to give information of offence by person bound to inform
What this section does
This section penalises a person who is legally bound to give information about an offence but intentionally omits to do so, knowing or having reason to believe that the offence has been committed. It targets deliberate non-disclosure by those under a legal duty to report.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Quick reference
- Punishment
- Imprisonment of either description up to six months, or fine up to five thousand rupees, or both.
- Triable by
- Any Magistrate
- Cognizable
- No
- Bailable
- Yes
- Compoundable
- No
Ingredients (what prosecution must prove)
- The accused knew or had reason to believe that an offence had been committed
- The accused was legally bound to give information about that offence
- The accused intentionally omitted to give such information
Practitioner note
The legal obligation to give information must be established; a mere moral duty is insufficient. The word 'offence' is extended by the Explanation in section 240.
Derived from IPC s.202.
Read the official text
For the binding statutory text of BNS Section 239, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 239 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.