Concealing design to commit offence punishable with death or imprisonment for life
Section 58 of the Bharatiya Nyaya Sanhita, 2023 deals with concealing design to commit offence punishable with death or imprisonment for life. Whoever intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with death or imprisonment for life, voluntarily conceals by any act or omission, or by the use of encryption or any other information hiding tool, the existence of a de The Act came into force on 01 Jul 2024.
Whoever intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with death or imprisonment for life, 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 that offence be committed, be punished with imprisonment of either description for a term which may extend to seven years; or.
(b) if the offence be not committed, with imprisonment of either description, for a term which may extend to three years, and 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.
Section 58, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 118 Concealing design to commit offence punishable with death or imprisonment for life Text carried over almost unchanged 95%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
How this offence is classified
From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion. This section is classified 2 ways.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| Concealing design to commit offence punishable with death or imprisonment for life, if the offence be committed. | Imprisonment for 7 years and fine. | According as offence abetted is cognizable or non-cognizable. | Non-bailable. | Court by which offence abetted is triable. |
| If offence be not committed. | Imprisonment for 3 years and fine. | According as offence abetted is cognizable or non-cognizable. | Bailable. | Court by which offence abetted is triable. |
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
Chandra Prakash vs State of Rajasthan
Decided under Indian Penal Code 118, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
In cases of criminal conspiracy, the prosecution need not prove express agreement between conspirators; the agreement may be proved by necessary implication from circumstances. When assessing approver evidence, courts must first apply a reliability test to determine if the approver is a trustworthy witness on the evidence itself, independent of corroboration. Only if the approver passes the reliability test does the second test apply, requiring corroboration in material particulars that connects the accused with the offense. Such corroboration must come from independent sources and may be direct or circumstantial in nature. Under Section 27 of the Indian Evidence Act, discovery of facts in consequence of information from an accused in custody is admissible if the information is credible and material discovery is effected; formal arrest is not necessary, only that the person be accused of an offense and in custody of a police officer. The broad definition of 'explosive substance' under the Explosive Substances Act, 1908 and 'explosive' under the Explosive Act, 1884 encompasses materials for making explosives; when such materials are possessed in conjunction with other explosive articles and components in large quantities, possession constitutes a criminal offense even without direct evidence of criminal intent if the circumstances demonstrate conscious possession for use in explosions. Sanction under Section 7 of the Explosive Substances Act, 1908 requires only 'consent' for subjective appreciation and can be granted by District Magistrate pursuant to delegation from Central Government; the sanctioning authority need not be examined as a witness if the sanction document is properly proven and shows application of mind.
On this section: Abetment of act when person abetted commits offense or abettor knew act would be committed
-
The State of Maharashtra vs Amol Nanasaheb Jogdanda
Decided under Indian Penal Code 118, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When the primary witness (complainant) in a criminal case admits to an out-of-court settlement with the accused and recants the allegations, and no other credible corroborating evidence is presented by the prosecution, the accused persons must be acquitted as the burden of proof on the prosecution to establish guilt beyond reasonable doubt has not been discharged. The court cannot convict based on mere allegations when the complainant himself contradicts the complaint and admits to amicable resolution of the dispute.
On this section: Charge of kidnapping - applied to determine if accused unlawfully compelled complainant to go with them
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 58
What have the courts held on Section 58 of the Bharatiya Nyaya Sanhita?
Chandra Prakash vs State of Rajasthan (09 May 2014) is the leading judgment on this section among those set out below, though it was decided under IPC 118, which this section replaced -- the court never mentioned this Act: Abetment of act when person abetted commits offense or abettor knew act would be committed. Another 1 judgment on this section is set out below, 1 of them from the Supreme Court. They run from 2014 to 2025.
Is Section 58 of the Bharatiya Nyaya Sanhita bailable?
Non-bailable, on a first conviction, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. This section is classified 2 ways; all of them are set out on this page.
Is Section 58 of the Bharatiya Nyaya Sanhita cognizable?
According as offence abetted is cognizable or non-cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Court by which offence abetted is triable.
How do I find court cases under Section 58 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 58, section 58 BNS, section 58 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 58a. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Chandra Prakash vs State of Rajasthan (09 May 2014).
What should I read with Section 58 of the Bharatiya Nyaya Sanhita, and has it changed?
1 other provision in this corpus refers back to it. It carries forward IPC 118 (Concealing design to commit offence punishable with death or imprisonment for life), so the judgments decided under that provision are the case law on this one.
When did Section 58 of the Bharatiya Nyaya Sanhita come into force?
Section 58 of the Bharatiya Nyaya Sanhita, cited as BNS 58, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions2199 words
- 356. Defamation1543 words
- 335. Making a false document1318 words
- 101. Murder1177 words
- 303. Theft1104 words
- 3. General explanations858 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.