Illustration
A, knowing that dacoity is about to be committed at B, falsely inform 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,
119. Public servant concealing design to commit offence which it is his duty to
prevent: 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.
Illustration
A, an officer of police, being legally bound to give information of all design as 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 of
that offence. Here A has by an illegal omission concealed the existence of 6's design, and
is liable to punishment according to the provisions of this section.
120. Concealing design to commit offence punishable with imprisonment:
Whoever, intending to facilitate or knowing it to be likely that he will thereby facilitate
the commission of an offence punishable with imprisonment, 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; if offence be not committed : Shall, if the offence be
committed, be punished with imprisonment of the description provided for the offence,
for a term which may extend to one-fourth, and, if the offence be not committed, to oneeighth, of the longest term of such imprisonment, or with such fine as is provided for the
offence, or with both.
CHAPTER V-A