Public servant concealing design to commit offence which it is his duty to prevent

What this section does

This section imposes enhanced liability on a public servant who, in breach of his official duty to prevent an offence, voluntarily conceals—by act, omission, encryption, or any information-hiding tool—the existence of a design to commit that offence, or makes a false representation about such design. Punishment is calibrated according to whether the offence is committed and its severity.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Quick reference

Punishment

If the offence is committed: up to one-half of the longest term of imprisonment provided for the offence, or fine as provided, or both; if the offence is punishable with death or imprisonment for life and is committed: imprisonment of either description up to 10 years; if the offence is not committed: up to one-fourth of the longest term of imprisonment provided for the offence, or fine, or both.

Triable by

Sessions Court

Cognizable

Yes

Bailable

No

Compoundable

No

Ingredients (what prosecution must prove)

1. The accused is a public servant
2. It is the accused's duty as a public servant to prevent the offence in question
3. The accused voluntarily concealed the existence of a design to commit that offence, or made a false representation about such design
4. Concealment was by any act, omission, use of encryption, or any other information-hiding tool
5. The accused intended to facilitate, or knew it was likely to facilitate, the commission of that offence

Derived from IPC s.119.