Public servant concealing design to commit offence which it is his duty to prevent
Section 119 of the Indian Penal Code, 1860 deals with 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 illegal omission, the existence of a design to commit such offen The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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 illegal omission, 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 committed.--shall, 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;
if offence be punishable with death, etc.
if offence be punishable with death, etc.--or, 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;
if offence be not committed.
if offence be not committed.--or, 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 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.
Section 119, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 59 Public servant concealing design to commit offence which it is his duty to prevent 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.
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.
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Tarun Mahanta vs The State of Assam
Court's Decision & Legal Precedent
When a petitioner seeking anticipatory bail has not misused the liberty granted through interim protection, has cooperated fully with the investigation, and has appeared before the investigating officer as directed, the court should convert the interim protection into absolute bail on the same terms and conditions, with the condition that the petitioner continues to appear before the investigating officer as and when called for.
On this section: Punishment for public servant disobeying law - applicable to the charges against petitioner
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Tapeswar Deka vs The State of Assam
Court's Decision & Legal Precedent
When the materials in the case diary do not indicate necessity for custodial interrogation of the accused, and the accused has already been interrogated during interim bail period, it is a fit case for granting absolute pre-arrest bail under Section 438 Cr.P.C., maintaining the same terms and conditions as the interim bail.
On this section: Section 119 IPC is the substantive criminal provision under which the case was registered at Jorhat Police Station. The nature of the offense under this section was considered in assessing the necessity of custodial interrogation.
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 119
What have the courts held on Section 119 of the Indian Penal Code?
Tarun Mahanta vs The State of Assam (16 Sep 2024) is the leading judgment on this section among those set out below: Punishment for public servant disobeying law - applicable to the charges against petitioner. Another 1 judgment on this section is set out below. They run from 2019 to 2024.
How do I find court cases under Section 119 of the Indian Penal Code?
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: IPC 119, section 119 IPC, section 119 of the Indian Penal Code. People searching for it also type ipc 119 1 in hindi and ipc 119 2 in hindi. 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 Tarun Mahanta vs The State of Assam (16 Sep 2024).
What should I read with Section 119 of the Indian Penal Code, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNS 59 (Public servant concealing design to commit offence which it is his duty to prevent), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 119 of the Indian Penal Code come into force?
Section 119 of the Indian Penal Code, cited as IPC 119, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
- 499. Defamation1512 words
- 464. Making a false document1223 words
- 300. Murder1172 words
- 378. Theft980 words
- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 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. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.