Bharatiya Nyaya Sanhita, 2023

BNS Section 58

Concealing design to commit offence punishable with death or imprisonment for life

In one line

BNS Section 58 deals with concealing design to commit offence punishable with death or imprisonment for life and replaces IPC 118.

Punishment, bail and court

SectionOffencePunishmentCognizableBailableTriable by
58(a)Concealing design to commit offence punishable with death or imprisonment for life, if the offence be committed.Imprisonment for 7 years and fine.According as offence abetted is cognizable or non-cognizable.Non-bailable.Court by which offence abetted is triable.
58(b)If offence be not committed.Imprisonment for 3 years and fine.According as offence abetted is cognizable or non-cognizable.Bailable.Court by which offence abetted is triable.

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 58

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. Illustration. A, knowing that dacoity is about to be committed at B, falsely informs the Magistrate that a dacoity is about to be committed at C, a place in an opposite direction, and thereby misleads the Magistrate with intent to facilitate the commission of the offence. The dacoity is committed at B in pursuance of the design. A is punishable under this section.

What changed from the IPC

  • IPC 118 → BNS 58: Words "in either case" are excluded from clause (b).

Frequently asked

What was BNS Section 58 in the IPC?

BNS Section 58 (Concealing design to commit offence punishable with death or imprisonment for life) replaces Section 118 of the Indian Penal Code, 1860. IPC 118 is now BNS 58.

What is the punishment under BNS 58(a)?

Concealing design to commit offence punishable with death or imprisonment for life, if the offence be committed – punishable with imprisonment of either description for a term which may extend to seven years. Under the First Schedule to the BNSS, 2023 it is according as offence abetted is cognizable or non-cognizable and non-bailable, triable by court by which offence abetted is triable.

What is the punishment under BNS 58(b)?

If offence be not committed – punishable with imprisonment of either description for a term which may extend to seven years. Under the First Schedule to the BNSS, 2023 it is according as offence abetted is cognizable or non-cognizable and bailable, triable by court by which offence abetted is triable.

Is BNS 58 bailable?

Bailable: BNS 58(b). Non-bailable: BNS 58(a). 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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