Bharatiya Nyaya Sanhita, 2023

BNS Section 239

Intentional omission to give information of offence by person bound to inform

In one line

BNS Section 239 deals with intentional omission to give information of offence by person bound to inform and replaces IPC 202.

Punishment, bail and court

SectionOffencePunishmentCognizableBailableTriable by
239Intentional omission to give information of an offence by a person legally bound to inform.Imprisonment for 6 months, or fine of 5,000 rupees, or both.Non-cognizable.Bailable.Any Magistrate.

Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.

Bare act text — BNS 239

239. Intentional omission to give information of offence by person bound to inform.

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.

What changed from the IPC

  • IPC 202 → BNS 239: Fine defined in this section is five thousand rupees, whereas in IPC fine is not defined.

Frequently asked

What was BNS Section 239 in the IPC?

BNS Section 239 (Intentional omission to give information of offence by person bound to inform) replaces Section 202 of the Indian Penal Code, 1860. IPC 202 is now BNS 239.

What is the punishment under BNS 239?

Intentional omission to give information of an offence by a person legally bound to inform – punishable 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. Under the First Schedule to the BNSS, 2023 it is non-cognizable and bailable, triable by any Magistrate.

Is BNS 239 bailable?

Bailable: BNS 239. Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.

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