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Introduction of 239 BNS

239 BNS deals with the offence of intentionally not reporting a crime by a person who is legally required to do so. If someone knows that a crime has happened and is bound by law to give information but purposely does not, they can face punishment. The law ensures that individuals in positions of responsibility report crimes to prevent further harm. Failure to do so can lead to imprisonment, a fine, or both. This section helps in maintaining accountability and enforcing the law.


The Bharatiya Nyaya Sanhita (BNS) Section 239 replaces the old Indian Penal Code (IPC) Section 202.



What is BNS Section 239 ?

BNS Section 239 deals with the offence of intentional omission to give information of an offence by a person who is legally bound to report such offences. If a person knows or has reason to believe that a crime has been committed and deliberately chooses not to inform the relevant authorities, they can be punished under this section. The purpose of this law is to ensure that those with a legal duty to report crimes do not withhold information, thus allowing offenders to avoid legal punishment.


239 BNS : penalizes intentional omission to report crimes.
239 BNS : covers punishment for failing to report crimes.

BNS 239 in Simple Points

  1. Intentional Omission: This section applies when a person, who has knowledge or reason to believe that an offence has been committed, intentionally decides not to report it. The omission must be deliberate and with the intent to withhold information that is legally required to be provided.
  2. Legally Bound to Inform: The person must be legally required to inform the authorities about the offence. This could include government employees, certain professionals, or individuals in specific situations where the law imposes a duty to report crimes.
  3. Punishment: The punishment for intentionally omitting to report an offence can be imprisonment for a term up to six months, a fine of up to ₹5,000, or both. The punishment is relatively light, reflecting the fact that the offence is an omission rather than an active crime.
  4. Non-Cognizable Offence: A non-cognizable offence means that the police cannot arrest the person without a warrant. For any action to be taken, the police must first seek permission from a magistrate.
  5. Bailable Offence: Since this is a bailable offence, the accused has the right to request bail. This means that the person charged under this section can be released from custody while awaiting trial.

Section 239 BNS Overview

BNS Section 239 ensures that individuals who are legally obligated to report crimes do so. Failing to report a crime can allow offenders to escape justice, and this section holds those who deliberately omit to provide information accountable. The law encourages transparency and ensures that legal responsibilities are fulfilled, with appropriate punishment for those who fail to comply.

Key Points of BNS Section 239

  1. Intentional Omission to Report a Crime: BNS Section 239 applies when a person, knowing that an offence has occurred, deliberately chooses not to report it. This omission must be intentional and not due to an accident or ignorance.
  2. Legal Obligation to Inform: Only individuals who have a legal obligation to inform authorities about a crime are covered under this section. This can include police officers, certain government officials, or others who are required by law to report specific crimes.
  3. Knowledge of the Offence: The individual must have knowledge or a strong reason to believe that a crime has been committed. Simply suspecting without concrete evidence may not be enough for prosecution under this section.
  4. Punishment: If found guilty of intentional omission, the punishment can be imprisonment for up to six months, or a fine of up to ₹5,000, or both. The sentence depends on the severity of the omission and the legal context of the case.
  5. Non-Cognizable Offence: Since BNS Section 2239 is classified as a non-cognizable offence, the police cannot arrest the accused without a warrant. This also means that the investigation can only be initiated with the permission of a magistrate.
  6. Bailable Offence: The offence is bailable, meaning that the accused can apply for bail and be released from custody while the trial is ongoing. Bail can be granted as per the discretion of the magistrate or court.
  7. Non-Compoundable: This offence is non-compoundable, which means that the parties involved cannot settle the matter out of court. Once the offence is reported and the case is initiated, it must proceed through the judicial system.
  8. Trial by Magistrate: The trial for an offence under BNS Section 239 is conducted by any magistrate, and the case is heard in a magistrate’s court.
  9. Intent and Circumstances Matter: The intention behind the omission is crucial. If the omission was accidental or the person did not have concrete information about the offence, they may not be held liable. The prosecution must prove that the omission was deliberate.
  10. Public Duty Emphasis: This section emphasizes the duty of certain individuals to act in the public interest by reporting crimes. Failing to do so can result in allowing offenders to escape justice, which this section seeks to prevent.

Example Scenarios:

  1. Example 1: A is a police officer. He knows that a theft has occurred in his jurisdiction, but he decides not to report it to his superiors or take any action. Since he is legally bound to report any offence, his intentional omission to inform would make him liable under BNS Section 239.
  2. Example 2: B, a doctor, is aware that a case of domestic violence occurred in one of his patients’ homes. Although he is legally required to report such incidents, he chooses to remain silent and does not inform the authorities. This deliberate omission would make him punishable under this section.

BNS 239 Punishment

  • Imprisonment: Up to 6 months.
  • Fine: Up to ₹5,000.
  • Both: In some cases, both imprisonment and fine can be imposed.

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BNS 239 bailable or not ?

Yes, offences under BNS Section 239 are bailable. This means the accused person has the right to apply for bail and can be released from custody while awaiting trial.


Bharatiya Nyaya Sanhita Section 239

BNS SectionOffencePunishmentBailable/Non-BailableCognizable/Non-CognizableTrial by
239Intentional omission to give information about an offenceImprisonment up to 6 months, fine of ₹5,000, or bothBailableNon-cognizableAny Magistrate
Bharatiya Nyaya Sanhita Section 239

BNS Section 239 FAQs

What is BNS Section 239 about?

Who is legally bound to report a crime under BNS Section 239?

What is the punishment for violating BNS Section 239?

Is the offence under BNS Section 239 bailable?

Yes, the offence under BNS Section 239 is bailable. This means that the accused can apply for bail and be released while awaiting trial.

Is BNS Section 239 a cognizable offence?

Can the offence under BNS Section 239 be settled outside court?


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