Introduction of Section 60 BNS
Section 60 BNS deals with the offence of concealing a plan to commit an offence. It explains the punishment in two situations – when the offence is actually committed and when it is not committed. The law recognizes that hiding or suppressing information about a crime is also a serious wrongdoing because it helps the offender escape justice. Section 60 ensures that anyone who knowingly conceals such plans is made accountable under the law, even if they did not directly take part in the crime.
The Bharatiya Nyaya Sanhita (BNS) Section 60 replaces the old Indian Penal Code (IPC) Section 120.
- Introduction of Section 60 BNS
- What is BNS Section 60 ?
- Section 60 of Bharatiya Nyaya Sanhita
- BNS Section 60 in Simple Points
- Detailed Explanations of BNSS Section 60
- 1. Concealing a Crime
- 2. Intent to Help a Crime
- 3. Voluntary Concealment
- 4. Punishment if Crime is Committed
- 5. Punishment if Crime is Not Committed
- 6. Type of Crime (Serious or Minor)
- 7. Bailable or Non-Bailable
- 8. Trial by Court
- 9. Legal Consequences Even if Crime Doesn’t Happen
- 10. Seriousness of Offence
- Examples of BNSS Section 60 in Action
- Detailed Explanations of BNSS Section 60
- Section 60 BNS Punishment
- Section 60 BNS bailable or not ?
- Bharatiya Nyaya Sanhita Section 60
- Comparison: BNS Section 60 vs IPC Section 120
- BNS Section 60 FAQs
- Conclusion
- Need Legal Support?
What is BNS Section 60 ?
Section 60 of the Bharatiya Nyaya Sanhita (BNS) covers the legal consequences for a person who, knowing or intending to help a crime, hides or gives false information about the plan to commit that crime. The person can be punished even if the crime does not end up happening.
Section 60 of Bharatiya Nyaya Sanhita
Concealment of Plans to Commit an Offence
1. Meaning of Section 60
BNS Section 60 deals with situations where a person knows about a plan to commit a crime but hides it from the authorities or concerned persons. The law distinguishes between two situations:
- If the planned offence actually takes place.
- If the planned offence does not take place.
The seriousness of punishment depends on whether the crime is actually committed or not.
2. Purpose of Section 60
The main aim of this section is to discourage people from hiding criminal plans. If someone knows about an upcoming crime, they should report it instead of keeping silent. Concealing such information can indirectly help the offenders. At the same time, the law gives a lighter punishment if the crime never actually happens.
3. Essential Ingredients of Section 60
For this section to apply, these conditions must be present:
- Knowledge of Crime: The person must be aware of a plan to commit an offence punishable with imprisonment.
- Act of Concealment: Instead of reporting or stopping it, they deliberately hide the information.
- Outcome of Crime: The punishment changes depending on whether the offence was actually carried out or not.
- Intention: The concealment must be done knowingly and not by mistake or ignorance.
4. Punishment under BNS Section 60
- If the offence is committed:
The concealer may face imprisonment of up to one-fourth of the longest term provided for that offence, or fine, or both. - If the offence is not committed:
The concealer may face imprisonment of up to one-eighth of the longest term provided for that offence, or fine, or both.
The severity depends on the original crime’s punishment.
5. Examples of Section 60 in Action
Example 1 (Offence committed):
A knows his friends are planning a robbery. He hides this fact. The robbery actually takes place. A can be punished under Section 60 with one-fourth of the punishment of robbery.
Example 2 (Offence not committed):
B knows his cousin is planning to commit house trespass. He does not inform the police, but later the plan is dropped. B can be punished with one-eighth of the punishment for house trespass.
Counter-Example:
C hears a rumour of a fight but has no clear knowledge of a crime being planned. He does not report it. Section 60 will not apply because there was no certain knowledge of a punishable offence.
6. Importance of Section 60
This section is important because it strengthens crime prevention by making concealment itself punishable. It ensures that people cannot indirectly support crimes by remaining silent. At the same time, it introduces fairness by giving lighter punishment if the offence never happens.
BNS Section 60 in Simple Points
BNSS Section 60 punishes people who voluntarily conceal or lie about plans of a crime. It applies when someone knows a crime is being planned and deliberately hides this information instead of reporting it to the authorities.
This law is important because concealing crime plans makes it easier for criminals to succeed and weakens law enforcement efforts. Even if the crime is never carried out, the very act of hiding such knowledge is treated as helping criminals and is punishable.
Detailed Explanations of BNSS Section 60
1. Concealing a Crime
This section applies when a person hides or lies about the existence of a crime plan. It is not about direct participation in the crime, but about keeping silent or misrepresenting facts that could prevent the crime.
Example: If you know a gang is planning a robbery and you keep this secret, you are guilty under Section 60.
2. Intent to Help a Crime
The law focuses on whether the person intended to help the crime happen or knew their silence would make the crime more likely. Even if they didn’t directly help, their concealment gives confidence to criminals and is treated as indirect support.
Example: A knows his friend is planning an assault but says nothing because he wants to “let it happen.” His silence shows intent to help.
3. Voluntary Concealment
The concealment must be done on purpose. If someone simply didn’t know, or was forced into silence, they are not guilty. But if they deliberately choose to hide the information, the law punishes them.
Example: A person who hears about a murder plan and deliberately deletes text messages about it is guilty of voluntary concealment.
4. Punishment if Crime is Committed
If the crime actually takes place, the person who concealed the information can be punished with up to one-fourth of the maximum punishment for that crime.
Example: If a robbery is punishable by 10 years, the person hiding the robbery plan could face up to 2.5 years in jail.
5. Punishment if Crime is Not Committed
Even if the planned crime does not happen, the concealer still faces consequences. They may be punished with up to one-eighth of the maximum sentence, a fine, or both. This ensures that attempts to protect criminals don’t go unpunished.
Example: If the robbery never happens, the concealer could still face a smaller jail term or a fine.
6. Type of Crime (Serious or Minor)
The punishment depends on the nature of the concealed crime. If the hidden crime is cognizable (serious, like murder, robbery, or dacoity), the punishment is stricter. If it’s non-cognizable (less serious, like minor assault), the punishment is lighter.
7. Bailable or Non-Bailable
Whether the offence under Section 60 is bailable or non-bailable depends on the seriousness of the concealed crime. If the crime is grave (like murder), the offence is non-bailable. For minor crimes, bail may be allowed.
8. Trial by Court
The trial will be conducted in the same court that handles the main crime. If the concealed crime is murder, the sessions court will handle the trial of the concealer as well. This ensures both crimes are treated with equal seriousness.
9. Legal Consequences Even if Crime Doesn’t Happen
This is the most unique feature: punishment applies even if the crime never occurs. The law punishes the act of concealment itself because it shows loyalty to criminals instead of society.
Example: If you knew about a terrorist plan but it was foiled before happening, you can still be punished for hiding it.
10. Seriousness of Offence
The seriousness of the punishment reflects the seriousness of the concealed crime. If it is a crime punishable by death or life imprisonment, hiding it is treated as a very serious offence. This ensures concealment is never taken lightly.
Examples of BNSS Section 60 in Action
Example 1: A person learns that a robbery is being planned. They do not report it and delete all messages related to it. If the robbery happens, they can face up to one-fourth of the maximum sentence for robbery.
Example 2: Someone hears that their friend is planning an illegal protest involving violence. They hide this information but the protest never takes place. They can still face a smaller jail term, a fine, or both under Section 60.
Section 60 BNS Punishment
Imprisonment:
- If the crime occurs, imprisonment can be up to one-fourth of the maximum sentence for that crime. If the crime doesn’t occur, imprisonment can be up to one-eighth of the maximum sentence.
Fine:
- A fine can be imposed instead of or in addition to imprisonment, depending on the seriousness of the crime and whether it was committed or not.
Section 60 BNS bailable or not ?
The bailability of the offence under Section 60 depends on the nature of the crime being concealed. If the main crime is bailable, then the offence under Section 60 would also be bailable. If the main crime is non-bailable, then the offence under Section 60 would be non-bailable.
Bharatiya Nyaya Sanhita Section 60
| Section | Offence | Punishment | Cognizable / Non-cognizable | Bailable / Non-bailable | By What Court Triable |
|---|---|---|---|---|---|
| 60(a) | Concealing a plan to commit an offence punishable with imprisonment, if the offence is actually committed. | Jail up to one-fourth of the longest term for the offence, or a fine, or both. | Depends on whether the offence being concealed is cognizable or non-cognizable. | Depends on whether the offence being concealed is bailable or non-bailable. | Court that would try the main offence. |
| 60(b) | Concealing a plan to commit an offence punishable with imprisonment, if the offence is not committed. | Jail up to one-eighth of the longest term for the offence, or a fine, or both. | Depends on whether the offence being concealed is cognizable or non-cognizable. | Bailable. | Court that would try the main offence. |
Comparison: BNS Section 60 vs IPC Section 120
| Section | Offense | Punishment | Bailable / Non-Bailable | Cognizable / Non-Cognizable | Trial By |
|---|---|---|---|---|---|
| BNS Section 60 |
Hiding or giving false information about a plan to commit a crime punishable with imprisonment. Covers both traditional and modern (digital) methods of concealment. |
• If offence is committed: Jail up to one-fourth of the maximum term for that crime, or fine, or both. • If offence is not committed: Jail up to one-eighth of the maximum term, or fine, or both. |
Depends on the main offence. Serious crimes → Non-bailable. Minor crimes → Bailable. |
Depends on the main offence. Serious crimes → Cognizable. Minor crimes → Non-cognizable. |
Same court that tries the main offence. |
| IPC Section 120 (Old) |
Hiding or lying about a plan to commit a crime punishable with imprisonment. Did not clearly cover modern or digital concealment. |
• If offence was committed: Jail up to one-fourth of the maximum term for that crime, or fine, or both. • If offence was not committed: Jail up to one-eighth of the maximum term, or fine, or both. |
Depends on the main offence. Serious crimes → Non-bailable. Minor crimes → Bailable. |
Depends on the main offence. Serious crimes → Cognizable. Minor crimes → Non-cognizable. |
Same court that tried the main offence. |
BNS Section 60 FAQs
What is BNS Section 60 about?
It’s about punishing those who hide or lie about a plan to commit a crime.
What happens if the crime is committed?
The person hiding or lying about it can be imprisoned for up to one-fourth of the maximum sentence for the crime.
What if the crime isn’t committed?
The person can still face imprisonment for up to one-eighth of the maximum sentence, a fine, or both.
BNS Section 60 Is it bailable?
It depends on the nature of the crime being concealed. If the main crime is non-bailable, then the offence under Section 60 would also be non-bailable.
BNS Section 60 offence is serious?
The seriousness depends on the crime being concealed. It can be either cognizable or non-cognizable, bailable or non-bailable.
Conclusion
BNS Section 60 plays an important role in maintaining fairness and justice in society. It makes it clear that even silence or hiding facts about a crime can be punishable. By fixing responsibility on those who conceal information, the law discourages people from supporting criminals indirectly. This section highlights that both direct involvement in crime and indirect support through concealment are harmful to society, and both are dealt with strictly under the Bharatiya Nyaya Sanhita.
Need Legal Support?
If you are dealing with court cases, marriage problems, or any other legal issue, our team at Marriage Solution – Lawyer Help is here for you. Simply fill out our quick online enquiry form, and we’ll connect you with the right legal expert to support your needs.
Finished with BNS 60 ? 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 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/
- BNS Section 64 : Punishment for rape .
- https://marriagesolution.in/bns_section/bns-section-64/
- BNS Section 65 : Punishment for rape in certain cases.
- https://marriagesolution.in/bns_section/section-65-bns/
Full IPC Section List: https://marriagesolution.in/ipc-section-list
All Indian Law & Blogs: https://marriagesolution.in/indian-law/
Full BNSS Section List: https://marriagesolution.in/bnss_section-list