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Section 119 - Public servant concealing design to commit offence which it is his duty to prevent

Bailabel Type : non-bailable

Description

Description:

Section 119 IPC applies when a public servant (such as a police officer, judge, or government official) knows about a plan to commit a crime but intentionally hides it instead of taking action to prevent it. This law holds public servants accountable if they fail in their duty to stop crimes, ensuring they act responsibly in protecting law and order.

  • Key Elements of Section 119 IPC:
    1?? The accused must be a public servant.
    2?? The public servant must have knowledge of a plan to commit an offense.
    3?? It must be their legal duty to prevent such an offense.
    4?? They must intentionally conceal the crime instead of preventing it.

? Example 1: A Corrupt Police Officer

  • A police officer knows that a group is planning a robbery, but instead of stopping them, he accepts a bribe and remains silent.
  • He is punishable under Section 119 IPC.

? Example 2: A Judge Protecting Criminals

  • A judge knows that an arrest warrant is needed for a terrorist but delays it to help the accused escape.
  • He is liable under Section 119 IPC.

? Example 3: Government Official Concealing a Crime

  • A government officer learns that his department is involved in illegal financial fraud but does not report it.
  • He is punishable under Section 119 IPC.

Punishment

Punishment Under Section 119 IPC

  • If the offense is punishable with death or life imprisonment:
    ?? Imprisonment up to 10 years + Fine

  • If the offense is punishable with imprisonment (not death/life):
    ?? Imprisonment up to 5 years + Fine

  • If the offense is not committed:
    ?? Punishment may be reduced based on the offense concealed

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