Introduction of BNS Section 58
BNS Section 58 deals with the act of concealing a plan to commit a serious crime, such as one that could lead to the death penalty or life imprisonment. If someone knows about this plan and hides it or lies about it, they can be punished under this section. The punishment varies depending on whether the crime is actually committed or not.
The Bharatiya Nyaya Sanhita (BNS) Section 58 replaces the old Indian Penal Code (IPC) Section 118.
What is BNS Section 58 ?
BNS Section 58 deals with the act of hiding or lying about a plan to commit a very serious crime, such as one that could lead to the death penalty or life imprisonment. If someone intentionally conceals this plan or provides false information about it, they can be punished under this section.
BNS Section 58 in Simple Points
BNS Section 58 says that if a person knows about a plan to commit a very serious crime – such as one that could lead to death penalty or life imprisonment – and still hides it or lies about it, that person is guilty of an offence.
It does not matter whether the crime actually happens or not – the act of concealing or giving false information itself is enough to be punished.
This section is very important because hiding such dangerous plans gives criminals the chance to succeed. The law expects every citizen to share the truth with authorities to prevent loss of lives and protect society.
1. What does “concealing design” mean here?
Concealing design means hiding or covering up a criminal plan instead of reporting it to the authorities. It can also mean giving false information to mislead police or others.
For example:
- If a person knows about a murder plot but stays silent, he is guilty.
- If someone tells police wrong details about a terrorist plan to misguide them, that is also concealment.
- Even if someone uses technology like secret chats or encryption to hide information, it still counts as concealment.
2. Why is this section important?
Crimes that are punishable with death or life imprisonment are the most serious ones – like murder, terrorism, kidnapping for ransom, or large-scale organized crimes.
If such plans are hidden, the results can be disastrous. Even one person keeping quiet can allow criminals to succeed. This is why the law makes it a legal duty for people to tell the truth about such crimes.
By punishing concealment, the law prevents crimes at an early stage and protects innocent lives.
3. Punishment under BNS Section 58
The punishment depends on whether the planned crime is carried out or not:
- If the crime happens → Imprisonment up to 7 years + fine.
- If the crime does not happen → Imprisonment up to 3 years + fine.
This shows the law treats concealment very seriously, but still makes a difference between actual and attempted crime.
4. Nature of the offence
- If crime happens → Non-Bailable (harder to get bail).
- If crime does not happen → Bailable (accused can apply for bail).
- Cognizable → Police can register a case and investigate.
- Non-Compoundable → The case cannot be settled privately between parties.
- Trial by → Court of competent jurisdiction, depending on the seriousness of the main offence.
5. Examples to understand this Section better
Example 1: A knows that B is planning a murder but does not tell the police. The murder happens. A is guilty under Section 58 and can face up to 7 years in prison.
Example 2: A knows about a terrorist attack plan but gives false details to mislead the police. Even if the attack fails, A can be punished with up to 3 years in prison.
Example 3: A hides encrypted messages that show his friends are planning a kidnapping. Even though he is not directly part of the crime, by concealing the plan, A is guilty.
6. Importance of this Section
This section is important because it makes truthfulness a legal responsibility. It ensures that:
- Citizens must report dangerous plans.
- Silence or lies cannot be used as an excuse.
- Society is protected from crimes at the earliest stage.
It also sends a strong message: if you know about a deadly crime and hide it, you are as responsible as the criminal who commits it.
Section 58 BNS Overview
If you know about a really bad crime and hide it or lie about it, you could be punished. This law is called BNS Section 58. It’s important to tell the police if you know someone is planning something dangerous.
BNS Section 58: 10 Key Points
1. Hiding Dangerous Plans
If a person knows that someone is planning to commit a very serious crime, such as murder, kidnapping, or terrorism, and they keep this information secret, they can be punished under the law. The reason is that hiding such plans gives criminals a chance to commit the crime. The law expects every citizen to inform the authorities about such dangerous plans to save lives and prevent harm.
2. Using Technology to Hide Information
In today’s world, people may try to hide or protect criminal plans using technology like encryption, secret apps, or hidden messages. Even if the plan is kept secret through advanced methods, the person who hides or protects the information is still responsible. Technology cannot be used as an excuse to escape punishment. The law treats hiding information, whether by words or by technology, in the same strict way.
3. Lying to Authorities
If a person is asked by the police or other authorities about a crime plan, but they lie or give false information, they can also be punished. For example, if someone knows that a murder is being planned but tells the police, “I don’t know anything,” they are committing a serious offence. The law wants people to be honest with authorities because false information can block investigations and put innocent lives at risk.
4. If the Crime Happens
If the serious crime that was being planned is actually carried out, the person who hid the plan faces strict punishment. In such cases, they can be jailed for up to 7 years. This shows how serious the law is, because by hiding the plan, the person indirectly allowed the crime to take place. Their silence or dishonesty is treated almost as bad as direct involvement.
5. If the Crime Doesn’t Happen
Even if the crime does not finally take place, the person who hid the plan is not free from punishment. In such cases, the punishment is lighter but still serious. They may face up to 3 years in prison and might also have to pay a fine. This ensures that people cannot simply walk away after hiding crime plans, even if the crime failed or was stopped in time.
6. Non-Bailable if Crime Happens
If the serious crime is committed, then the offence of hiding the plan becomes non-bailable. This means that the accused person cannot easily get bail and will have to stay in custody until the court decides otherwise. This strict rule exists because their act of hiding information contributed to the successful execution of a dangerous crime.
7. Bailable if Crime Doesn’t Happen
On the other hand, if the crime was not carried out, the offence of hiding the plan becomes bailable. This means the person can apply for bail and may be released until the trial. The punishment is still there, but it is considered slightly less strict compared to when the crime actually happens.
8. Non-Compoundable
This offence is non-compoundable, which means it cannot be settled privately between the parties. For example, you cannot pay money or make a private agreement to avoid punishment. The case must go through the proper court process. This ensures that justice is carried out and serious crimes are not taken lightly.
9. Importance of Truthfulness
This law highlights how important it is for people to be truthful to the authorities. Being honest can help prevent crimes, protect innocent people, and maintain law and order. If people start hiding or lying about dangerous plans, society will become unsafe. The law makes truthfulness a legal responsibility, not just a moral one.
10. Legal Responsibility
Finally, this section makes it clear that every person has a legal duty to report information about serious crimes. If someone knows about such a plan and does not share it with the authorities, they can be held guilty. This responsibility is important because even silence can help criminals succeed. By reporting crimes, ordinary people can play a big role in protecting society.
Example Explained
Imagine someone named A knows that a group is planning to commit a robbery. Instead of telling the police the truth, A lies and says the robbery will happen at a different place. Because of this lie, the robbery happens successfully where A knew it would. Under BNS Section 58, A can be punished.
Section 58 BNS Punishment
Imprisonment:
- If the Crime Happens: The person can be imprisoned for up to 7 years.
- If the Crime Doesn’t Happen: The person can be imprisoned for up to 3 years.
Fine:
- In addition to imprisonment, the person may also have to pay a fine.
Section 58 BNS bailable or not ?
Non-Bailable: If the crime is committed.
Bailable: If the crime does not happen.
Bharatiya Nyaya Sanhita Section 58
| Section | Offence | Punishment | Bailable / Non-Bailable | Cognizable / Non-Cognizable | Trial By |
|---|---|---|---|---|---|
| BNS Section 58 | Concealing plan to commit an offence punishable with death or life imprisonment. Includes hiding with modern methods (like technology). |
If crime happens → Imprisonment up to 7 years + fine. If crime doesn’t happen → Imprisonment up to 3 years + fine. |
Non-bailable if crime happens. Bailable if crime doesn’t happen. |
Cognizable | Court of competent jurisdiction |
| IPC Section 118 (Old) | Concealing plan to commit an offence punishable with death or life imprisonment. Focused only on traditional concealment, no mention of modern methods. |
If crime happens → Imprisonment up to 7 years + fine. If crime doesn’t happen → Imprisonment up to 3 years + fine. |
Non-bailable if crime happens. Bailable if crime doesn’t happen. |
Cognizable | Court of competent jurisdiction |
BNS Section 58 FAQs
What does BNS Section 58 cover?
It covers the act of hiding or lying about a plan to commit a crime that could lead to death or life imprisonment.
What is the punishment if the crime is committed?
The person hiding the plan could face up to 7 years in prison.
Is there punishment if the crime isn’t committed?
Yes, up to 3 years in prison and possibly a fine.
Is the offence bailable?
It’s non-bailable if the crime is committed, but bailable if the crime doesn’t happen.
What kind of crimes does this section apply to?
Crimes punishable by death or life imprisonment.
Conclusion
BNS Section 58 plays a key role in ensuring serious crimes are not supported indirectly. Concealing or lying about a plan for crimes like murder, terrorism, or other life-imprisonment offences is itself a punishable act. This law highlights the duty of every person to report dangerous activities and protect society.
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Finished with BNS 58 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
- BNS 59 : Public servant concealing design to commit offence which it is his duty to prevent https://marriagesolution.in/bns_section/section-59-bns/
- BNS 60 : Concealing design to commit offence punishable with imprisonment https://marriagesolution.in/bns_section/section-60-bns/
- BNS 61 : Criminal conspiracy.
- https://marriagesolution.in/bns_section/bns-section-61/
- BNS 62 : Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment.
- https://marriagesolution.in/bns_section/bns-section-62/
- BNS Section 63 : Rape .
- https://marriagesolution.in/bns_section/bns-section-63/
Full IPC Section List: https://marriagesolution.in/ipc-section-list
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Full BNSS Section List: https://marriagesolution.in/bnss_section-list