Penal Code
69
A public servant concealing a design to commit an offence
which it is his duty to prevent
119. Whoever, being a public servant, intending to facilitate,
or knowing it to be likely that he will thereby facilitate, the
commission of an offence, the commission of 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, shall, if the offence is committed,
be punished with imprisonment for a term which may extend to
one-half of the longest term provided for the offence or with such
fine as is provided for the offence or with both; or if the offence
is punishable with death or imprisonment for life or imprisonment
for a term which may extend to twenty years, with imprisonment
for a term which may extend to ten years; or, if the offence is
not committed, shall be punished with imprisonment for a term
which may extend to one-fourth part of the longest term provided
for the offence 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 this section.
Concealing a design to commit an offence punishable with
imprisonment
120. Whoever, intending to facilitate, or knowing it to be likely
that he will thereby facilitate, the commission of an offence
punishable with imprisonment, 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, shall, if the offence is committed,
be punished with imprisonment for a term which may extend to
one-fourth, and if the offence is not committed, to one-eighth of
the longest term provided for the offence or with such fine as is
provided for the offence or with both.
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