Bharatiya Nyaya Sanhita, 2023
Section 239 BNS: Intentional Omission to Give Information of Offence by Person Bound to Inform
Section 239 of the Bharatiya Nyaya Sanhita, 2023 punishes a person who, knowing or having reason to believe that an offence has been committed, intentionally omits to give information about that offence despite being legally bound to provide it.
Section 239 BNS: Statutory Text
Section 239. Whoever, knowing or having reason to believe that an offence has been committed, intentionally omits to give any information respecting that offence which he is legally bound to give, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both.
Section 239 is an omission-based offence. It applies where the law imposes a duty on a person to give information about an offence and that person intentionally fails to provide the information despite knowing, or having reason to believe, that the offence has been committed.
Essential Ingredients of Section 239 BNS
- An offence must have been committed.
- The accused must know or have reason to believe that the offence has been committed.
- The accused must be legally bound to give information respecting that offence.
- The accused must intentionally omit to give the required information.
What Does "Legally Bound to Give Information" Mean?
The phrase requires a legal duty to provide the information. The source of that duty may arise under the BNSS or another applicable law. Whether a person was legally bound to inform therefore depends on the statutory or legal obligation applicable to the circumstances.
A moral expectation to report an offence is not, by itself, the same as the legal duty required by Section 239.
Knowledge, Reason to Believe and Intentional Omission
Section 239 applies where the accused either knows that an offence has been committed or has reason to believe that it has been committed. The section therefore covers both actual knowledge and the statutory standard of having reason to believe.
The omission must also be intentional. An accidental failure, lack of awareness of the relevant facts, or inability to communicate the information is not equivalent merely by itself to the intentional omission described in the provision.
Punishment Under Section 239 BNS
| Particular | Section 239 BNS |
|---|---|
| Imprisonment | Imprisonment of either description for a term up to six months |
| Fine | Fine up to Rs. 5,000 |
| Alternative | Imprisonment, or fine, or both |
Section 239 BNS: Cognizable, Bailable and Triable By
The First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 classifies Section 239 as follows:
| Particular | Section 239 BNS |
|---|---|
| Cognizable / Non-cognizable | Non-cognizable |
| Bailable / Non-bailable | Bailable |
| Triable by | Any Magistrate |
A non-cognizable classification means the procedural requirements for non-cognizable offences under the BNSS apply. Since the offence is bailable, bail is governed by the statutory framework applicable to bailable offences.
Difference Between Sections 239 and 240 BNS
Section 239 concerns intentionally omitting to give information about an offence where the person is legally bound to provide it. Section 240 separately punishes giving information about an offence which the person knows or believes to be false.
Offences Committed Outside India
The explanation following Section 240 extends the meaning of "offence" for Sections 238, 239 and 240 to specified acts committed outside India which, if committed in India, would be punishable under the BNS provisions listed in that explanation.
When Did the Bharatiya Nyaya Sanhita Come Into Force?
The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. It came into force on 1 July 2024, subject to the notified exception relating to Section 106(2). Section 239 therefore forms part of the operative BNS framework from 1 July 2024.
Official Legal Resources
Frequently Asked Questions
What is Section 239 of the BNS?
It punishes a person who knows or has reason to believe that an offence has been committed and intentionally omits to give information about it despite being legally bound to do so.
What is the punishment under Section 239 BNS?
Imprisonment of either description up to six months, or fine up to Rs. 5,000, or both.
Is Section 239 BNS cognizable?
No. It is classified as non-cognizable.
Is Section 239 BNS bailable?
Yes. It is classified as bailable.
Which court tries an offence under Section 239 BNS?
It is triable by any Magistrate.
Does Section 239 apply to everyone who fails to report an offence?
No. The section requires proof that the accused was legally bound to give the information and intentionally omitted to do so while knowing or having reason to believe that the offence had been committed.
This page is intended as a statutory information resource. Case-specific legal consequences may depend on the source of the legal duty to inform, facts, evidence, procedural stage and other applicable provisions.