Home  /  Bharatiya Nyaya Sanhita  /  Section 239

Section 239: Intentional Omission to Give Information of Offence by Person Bound

Bharatiya Nyaya Sanhita • Chapter XII: Of Contempts of Lawful Authority of Public Servants • Official Statutory Text & Legal Guide

Chapter XII: Of Contempts of Lawful Authority of Public Servants
Any Magistrate
Bailable
Non-Cognizable
Formerly Sec 202 IPC
Section 238 All 358 Sections of Bharatiya Nyaya Sanhita Section 240

Legal Commentary & Landmark Judgments: Section 239

Section 239 penalises intentional omission to give information of an offence by a person who is legally bound to give such information to the authorities.

  • Commission of Offence: Knowledge of the commission of a cognizable or reportable offence.
  • Statutory Obligation: The person is legally bound by statute (such as hospital staff, security personnel, or village officers) to report the crime.
  • Intentional Omission: Deliberate and conscious refusal to transmit information to the police.
Key Landmark Precedents:
  • State of Karnataka v. K. Gopala (1996) 2 SCC 528: Held that intentional omission must be proved by cogent evidence; mere delay caused by distress or trauma cannot be equated to intentional omission.
  • Ram Kumar v. State of Haryana (1995) Supp 1 SCC 248: Affirmed that statutory duty-holders who suppress knowledge of murder or heinous crimes are directly liable under this section.
Courtroom Practice & Strategic Litigation Guidance:

Defence should establish lack of legal obligation under Section 33 BNSS or justifiable fear of immediate mortal retribution by the criminals.

Section 238 All 358 Sections of Bharatiya Nyaya Sanhita Section 240