Bharatiya Nyaya Sanhita, 2023 - Chapter IV

Section 58 BNS: Concealing Design to Commit Offence Punishable with Death or Life Imprisonment

Section 58 of the Bharatiya Nyaya Sanhita, 2023 punishes intentional or knowing concealment of a plan to commit an offence punishable with death or imprisonment for life where the concealment is intended, or known to be likely, to facilitate that offence.

Law: Bharatiya Nyaya Sanhita, 2023 Act: Act 45 of 2023 Section: 58 Chapter: IV - Of Abetment, Criminal Conspiracy and Attempt In force: 1 July 2024

Text of Section 58 BNS

58. Concealing design to commit offence punishable with death or imprisonment for life. Whoever intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with death or imprisonment for life, voluntarily conceals by any act or 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 shall,-

(a) if that offence be committed, be punished with imprisonment of either description for a term which may extend to seven years; or

(b) if the offence be not committed, with imprisonment of either description, for a term which may extend to three years, and shall also be liable to fine.

What Section 58 Means

Section 58 deals with deliberate concealment of a plan, design, or scheme to commit a very serious offence - one punishable with death or imprisonment for life. The section is attracted where the concealment is done with the intention of facilitating the offence, or with knowledge that the concealment is likely to facilitate it.

Concealment is not limited to keeping silent. The statutory language expressly covers concealment by an act or omission, by encryption, or by any other information-hiding tool. It also covers making a representation about the design which the person knows to be false.

Essential Ingredients of Section 58

For Section 58 to apply, the following elements are material:

  • there must be a design to commit an offence punishable with death or imprisonment for life;
  • the accused must intend to facilitate, or know it to be likely that the conduct will facilitate, commission of that offence;
  • the accused must voluntarily conceal the existence of the design by an act, omission, encryption, or another information-hiding tool, or knowingly make a false representation about the design; and
  • the punishment depends on whether the contemplated offence is ultimately committed.

Punishment under Section 58

If the offence is committed Imprisonment of either description for a term which may extend to seven years, together with liability to fine.
If the offence is not committed Imprisonment of either description for a term which may extend to three years, together with liability to fine.

Meaning of "Either Description" of Imprisonment

Section 4 of the BNS recognises imprisonment in two descriptions: rigorous imprisonment, meaning imprisonment with hard labour, and simple imprisonment. Accordingly, the reference in Section 58 to imprisonment of "either description" permits punishment in either of those forms, subject to the sentence imposed by the competent court.

Meaning of "Offence" for Section 58

Section 2(24) of the BNS contains a special extended meaning of the word "offence" for several provisions, including Section 58. For Section 58, "offence" includes a thing punishable under the BNS as well as a thing punishable under a special law or local law.

Encryption and Information-Hiding Tools

A notable feature of Section 58 is its express reference to encryption and other information-hiding tools. Therefore, concealment can occur through digital or technological means where the required intention or knowledge and the other statutory ingredients are proved.

The use of encryption by itself is not stated to be an offence under Section 58. The provision requires the use of concealment in connection with a design to commit an offence punishable with death or imprisonment for life, together with the specified intention or knowledge to facilitate that offence.

Statutory Illustration

A knows that a dacoity is about to be committed at B. A falsely informs the Magistrate that a dacoity is about to be committed at C, which is in the opposite direction, and thereby misleads the Magistrate with the intention of facilitating the offence. The dacoity is then committed at B in pursuance of the design. The illustration states that A is punishable under Section 58.

How the Illustration Explains the Section

The illustration shows that Section 58 can apply not only where information is physically hidden, but also where a knowingly false representation is made to divert authorities and thereby facilitate commission of the planned offence. The example also demonstrates the higher punishment bracket where the contemplated offence is actually committed.

Commencement of the Bharatiya Nyaya Sanhita

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

Official References

Note: This page reproduces and explains the statutory provision for general legal information. Whether Section 58 applies in a particular case depends on the alleged design, the nature of the underlying offence, the accused person's intention or knowledge, the method of concealment, the evidence, and other applicable law.