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Section 60: Concealing Design to Commit Offence Punishable with Imprisonment

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
According as offence abetted is bailable or non-bailable
According as offence abetted is cognizable or non-cognizable
Formerly Sec 120 IPC
Section 59 All 358 Sections of Bharatiya Nyaya Sanhita Section 61

Legal Commentary & Landmark Judgments: Section 60

Section 60 penalizes concealing a design to commit an offence punishable with imprisonment, providing imprisonment up to one-fourth of the longest term if the offence is committed, and up to one-eighth if not committed.

  • Concealment of Imprisonable Crimes: Applies to non-capital offences (theft, cheating, kidnapping, burglary).
  • Facilitation Intent: Requires active misdirection or concealment intended or known to facilitate the offence.
  • Fractional Ceiling: One-fourth term if committed; one-eighth term if uncommitted, alongside fine.
Key Landmark Precedents:
  • State of U.P. v. Madan Mohan (1989) Supp (2) SCC 584: Analyzed the fractional scale under Section 120 IPC (Section 60 BNS), holding that the prosecution must prove knowledge of the design and intentional facilitation.
  • Faguna Kanta Nath v. State of Assam (AIR 1959 SC 673): Reiterated that criminal facilitation requires proof of conscious complicity.
Courtroom Practice & Strategic Litigation Guidance:

In commercial fraud prosecutions where corporate employees are accused of concealing financial embezzlement by directors, argue absence of facilitation: demonstrating that employees had no knowledge of the hidden transactions defeats Section 60 charges.

Section 59 All 358 Sections of Bharatiya Nyaya Sanhita Section 61