Code: Section 239 BNS
Whoever, knowing or having reason to believe that an offence has been
committed, intentionally omits to give any information respecting that offence which he is
legally bound to give, shall be punished with imprisonment of either description for a term
which may extend to six months, or with fine which may extend to five thousand rupees,
or with both.
Explanation of Section 239 BNS
What Does Section 239 BNS Cover?
Section 239 BNS punishes individuals who fail to report a crime despite being legally bound to do so. This law ensures that people who have knowledge of a crime cannot remain silent when they have a legal duty to report it.
Key Elements of Section 239 BNS
- Knowledge of an Offence – The accused must know or have reason to believe that a crime has occurred.
- Legal Obligation to Report – The person must be legally bound to provide information about the offence.
- Intentional Omission – The accused must deliberately choose not to report the crime.
- Punishment – The offence is punishable by up to six months of imprisonment, a fine, or both.
Illustrations
Example 1: Doctor Fails to Report an Assault Case
A patient visits Dr. X with injuries caused by an assault. Dr. X is legally bound to inform the police but chooses to remain silent. Since he was legally required to report the crime, he can be punished under Section 239 BNS.
Example 2: Security Guard Ignores a Theft
A security guard witnesses a theft in an apartment complex but does not report it to the police. If he was legally bound to report such incidents, he can be prosecuted under Section 239 BNS.
Example 3: Employer Conceals a Fraud by an Employee
An employer discovers that an employee has committed financial fraud but chooses not to report it. If the employer was legally required to disclose the fraud, he can be punished under Section 239 BNS.
Relation with Other Sections
- Section 238 BNS – Covers the act of destroying evidence to protect an offender.
- Section 240 BNS – Punishes those who provide false information about a crime.
- Section 250 BNS – Penalizes those who accept bribes to conceal crimes.
Common Questions and Answers on Section 239 BNS
1. What is the main objective of Section 239 BNS?
- It ensures that people legally bound to report crimes do not withhold information.
2. What is the punishment under Section 239 BNS?
- Up to 6 months of imprisonment, a fine of up to ₹5,000, or both.
3. Who can be punished under Section 239 BNS?
- Doctors, security personnel, employers, public servants, or any other individuals legally required to report crimes.
4. Is Section 239 BNS a cognizable offence?
- No, it is non-cognizable, meaning police cannot arrest without prior approval from a magistrate.
Conclusion
Section 239 BNS reinforces the legal duty to report crimes and prevents intentional concealment of offences. It plays a crucial role in ensuring justice and holding people accountable for their legal responsibilities.
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