Indian Penal Code, 1860
Section 119
repealedPublic 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 offence, or makes any representation which he knows to be false respecting such design:
Why this exists
Public servants like police officers, magistrates, and administrative officials are given special duties to prevent certain offences precisely because of their position and access to information. This section was included in the original 1860 IPC to ensure that such officials cannot misuse their position by turning a blind eye to crimes they are supposed to stop, or by actively lying to protect wrongdoers. It reinforces accountability: the law expects more vigilance from those in positions of public trust.
Common misconceptions
- Myth: This section punishes any public servant who simply doesn't know about a crime.
Fact: It only applies when the public servant actually knows or has design-related knowledge of the planned offence and deliberately conceals it or lies, intending or knowing it will help the crime happen. - Myth: Any public servant can be charged under this section for any crime.
Fact: The offence concealed must be one which the public servant was specifically duty-bound to prevent, not just any crime happening around them.