Public servant
concealing
design to
commit
offence which
it is his duty
to prevent.
- 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 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 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; or
(b) 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; or
(c) 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 designs 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 so facilitate the commission 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 provision of this section.