Bharatiya Nyaya Sanhita, 2023
Section 239
Intentional omission to give information of offence by person bound to inform
Whoever, knowing or having reason to believe that an offence has been committed, intentionally omits to give any information respecting that offence which he is legally bound to give, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both.
Why this exists
Certain people (such as those under a specific statutory duty to report offences) are legally obligated to inform authorities about crimes they know of. This provision, earlier Section 202 of the Indian Penal Code, 1860, penalizes the intentional failure to do so, ensuring that such legal reporting duties are not treated as optional.
Common misconceptions
- Myth: Staying silent about a crime is never punishable unless you are involved in it.
Fact: If you are legally bound to report an offence and intentionally fail to do so, that silence itself is a punishable offence.