Public servant concealing design to commit offence which it is his duty to prevent is defined under section 119 of ipc. Provisions under IPC section 119 explained here:
What is Section 119 IPC:
Whoever, being a public servant intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence which it is his duty as such public servant to prevent, voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design.If offence be committed – shall, if the offence be committed, be punished with imprisonment of any description provided for the offence, for a term which may extend to one-half of the longest term of such imprisonment, or with such fine as is provided for that offence, or with both; If offence be punishable with death, etc – or, if the offence be punishable with death or imprisonment for life, with imprisonment of either description for a term which may extend to ten years; If offence be not committed – or, if the offence be not committed, shall be punished with imprisonment of any description provided for the offence for a term which may extend to one-fourth part of the longest term of such imprisonment or with such fine as is provided for the offence, or with both.
Illustrations
- A, an officer of police, being legally bound to give information of all designs to commit robbery which may come to his knowledge, and knowing that B designs to commit robbery, omits to give such information, with intent to facilitate the commission of that offence. here A has by an illegal omission concealed the existence of B’s design and is liable to punishment according to the provision of this section.
Section 119 IPC Explanation:
- If a public servant with an intention to cause or knowing that it will likely (probably) cause the commission of an offence which it is his duty as a public servant to prevent.
- If voluntarily hides the existence of plan required to commit the offence
- If makes false representation knowing it to be false to protect the plan if the offence is going to be committed.
If the offence be committed: If the offence will be committed then the offender will be punished with an imprisonment provided for the offence that might extend up to one-half of the longest term of imprisonment provided for the offence or with fine or with imprisonment and fine both.
If offence be punishable with death, etc : If the punishment provided for offence is life imprisonment or death then the imprisonment might extend up to ten years.
If offence be not committed : If the offence did not occur then the offender will be imprisoned for a term which might extend up to one- fourth part of the longest term of imprisonment provided for the offence or with fine or with both fine and imprisonment.
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