Section 58: Concealing Design to Commit Capital/Life Imprisonment Offence

Bharatiya Nyaya Sanhita • Chapter IV: Of Abetment, Criminal Conspiracy & Attempt • Official Statutory Text & Legal Guide

Chapter IV: Of Abetment, Criminal Conspiracy & Attempt
Court by which offence abetted is triable
Non-Bailable (if committed) / Bailable (if not committed)
According as offence abetted is cognizable or non-cognizable
Formerly Sec 118 IPC

Legal Commentary & Landmark Judgments: Section 58

Section 58 penalizes concealing a design to commit an offence punishable with death or imprisonment for life, prescribing imprisonment up to seven years if the offence is committed, and up to three years if not committed.

  • Active Concealment of Capital Design: Requires intentional concealment by act, illegal omission, or making false representations regarding a design to commit murder, dacoity, or treason.
  • Facilitation Intent: The concealment must be done intending to facilitate, or knowing it to be likely to facilitate, the commission of the offence.
  • Graduated Sentencing Scale: Up to seven years if the capital offence is committed; up to three years if the offence is not committed.
Key Landmark Precedents:
  • State of U.P. v. Ram Swarup (1974) 4 SCC 764: Examined concealment of criminal designs under Section 118 IPC (Section 58 BNS), holding that active misdirection of investigating agencies constitutes criminal facilitation.
  • Kartar Singh v. State of Punjab (1994) 3 SCC 569: Affirmed that concealing terrorist or capital plots with knowledge of their execution carries substantial penal liability.
Courtroom Practice & Strategic Litigation Guidance:

In harboring or conspiracy trials, distinguish mere silence from criminal concealment: Section 58 BNS requires an active representation or illegal omission facilitating the plot. If your client had no legal duty to speak and made no false statement, discharge must follow.