Whoever intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with death or imprisonment for life, voluntarily conceals by any act or omission, or by the use of encryption or any other information hiding tool, the existence of a design to commit such offence or makes any representation which he knows to be false respecting such design shall,––
(a) if that offence be committed, be punished with imprisonment of either description for a term which may extend to seven years; or
(b) if the offence be not committed, with imprisonment of either description, for a term which may extend to three years, and shall also be liable to fine.
Illustrations
A, knowing that dacoity is about to be committed at B, falsely informs 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.
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.
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.