PPC Section 119 | Public Servant Concealing Design to Commit Offence Which it is His Duty to Prevent

PPC Section 119

Section 119.

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 B's design, and is liable to punishment according to the provisions of this section.
 

Offence Cognizance Summons Bail Punishment Triable
A public servant concealing a design to commit an offence which it is his duty to prevent, if the offence be committed. May arrests without warrant if arrest for the offence abetted may be made without warrant, but not otherwise According as a warrant or summons may issue for the offence abetted. According as the offence abetted is bailable or not. Imprisonment extending to half of the longest term, and of any description, provided for the offence, or fine, or both. The court by which the offence abetted is triable
If the offence be punishable with death or [imprisonment for life]. Ditto Ditto Not Bailable Imprisonment of either description for 10 years. Ditto
If the offence be not committed. Ditto Ditto [Bailable] Imprisonment extending to a quarter part of the longest term, and of any description, provided for the offence, or fine, or both. Ditto

Explanation of PPC Section 119

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