Code:
Whoever intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with death or 1 [imprisonment for life],
2 [voluntarily conceals by any act or illegal 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,
if offence be committed; if offence be not committed.—shall, if that offence be committed, be punished with imprisonment of either description for a term which may extend to seven years, or, if the offence be not committed, with imprisonment of either description, for a term which may extend to three years; and in either case shall also be liable to fine.
Illustration
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.
Explanation:
Section 118 of the Indian Penal Code (IPC) addresses the act of concealing knowledge of a plan to commit a serious crime. It criminalizes the act of deliberately hiding the information about the design of committing an offence punishable by death or life imprisonment from the authorities responsible for preventing such offences.
The key elements of this section are:
- Knowledge: The accused must be aware of the design to commit the offence.
- Voluntary Concealment: The concealment of the design must be a deliberate act, not an unintentional omission.
- Offence Punishable with Death or Life Imprisonment: The offence being planned must be one that carries the potential for the death penalty or life imprisonment.
- Empowered Authority: The information must be concealed from the authorities responsible for preventing the offence.
Illustration:
Consider a scenario where A knows that B is planning to assassinate a prominent politician. A chooses to keep this information to himself and does not inform the police. This act of concealing B’s design from the authorities would make A liable under Section 118 of the IPC.
Common Questions & Answers:
Q: Does Section 118 apply only to active involvement in the crime?
A: No, Section 118 focuses on the concealment of knowledge about the crime. It does not require active participation in the crime.
Q: What if the accused is threatened by the person planning the crime?
A: While duress can be a defense in some criminal cases, it is unlikely to be successful under Section 118. The accused must show that they had no reasonable opportunity to inform the authorities.
Q: What is the punishment for violating Section 118?
A: The maximum punishment for violating Section 118 is imprisonment of either description for a term which may extend to two years, or with fine, or with both.
