Ipc section 118

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                                                              IPC- Section 118
                          Concealing a design to commit an offence punishable with death or imprisonment for life.


Hiding a multitude of sins is as bad as committing one. Any individual who attempts to encourage or understands that it is likely that he will facilitate the commission of an offence punishable by death or life imprisonment, and yet if he voluntarily conceals the existence of a plan to commit such offence by any act or unlawful omission, or makes any representation about such design that he believes to be wrong is liable under Section 118 of Indian Penal Code.[1]

Section 118[2] says, 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 illegal 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, if offence be committed; if offence be not committed- shall, if that offence be committed, be punished with imprisonment of either description for a term which may extend to seven years, or, if the offence be not committed, with imprisonment of either description, for a term which may extend to three years; and in either case shall also be liable to fine.

If a person intentionally tries to facilitate an offence and if he creates a deceptive scenario to hide the offence or mislead the officer or magistrate from taking action on the committing of the offence. Hiding an offence is considered an offence itself. As an illustration, if a person X knows that B’s son is going to be kidnapped but X informs the police that C’s son is going to be kidnapped. So that B’s son can be kidnapped without any issues. X had the intention to facilitate the commission of the offence, in this situation X will be held guilty for the commission of the offence and he will liable for the punishment of the offence as well.

Concealing a design to commit an offence punishable with death or imprisonment for life is non bailable offence if the offence has been committed. If the offence is not committed then it is a bailable offence.[3] In the case of Kiran vs State of Kerala [4], Petitioners were accused of committing offences under Sections 363, 376, 118 of IPC. It wasn’t necessary to go into the facts of the case because the petitioner impleaded the defacto complainant as the second respondent in this petition who is the father of the victim who is a minor. The father of the victim has filed an affidavit to the effect that the parties have agreed that the marriage will be conducted as and when she attains majority and also the defacto complainant has no further grievance in the matter and in the light of the agreement entered into between the parties, he doesn’t wish to proceed with the matter further. It is also in the interest of justice, proceedings maybe put an end to. Even though the offences are not compoundable and are of senior nature, in the light of the agreement produced by the petitioner and as accepted by the second respondent through a counsel before this Court, since the victim and the accused concerned have agreed to marry, there is no reason as to why this Court should not exercise its inherent jurisdiction to grant necessary relief to the petitioner. After having bestowed attention to the facts and circumstances of the case, it is felt that it is only appropriate that the proceedings be put an end to. In the case of Chandra v. State of Karnataka[5], the petitioner apprehending the arrest for the offences punishable under Sections 376 and 118 of IPC approached the court for the grant of anticipatory bail. The petitioner was transferring the sand in a lorry and on a given information police registered the same crime. Hence, the petitioner apprehended the same. The Court held that examination of the material on the record placed on record revels that the petitioner is a driver of aforesaid lorry and the offence is punishable with three years of imprisonment. The presence of the petitioner can be secured for the purpose of the investigation and also the trial. The police have not apprehended the petitioner even though the incident took place in 2007. Hence, this can be one of the grounds to grant anticipatory bail to the petitioner. Consequently, the petition is allowed. The petitioner is allowed to be released on bail on his executing a personal bond for a sum of Rs 50,000 with a solvent surety for a like sum to the satisfaction of the arresting authority with further following conditions: i. The petitioner shall appear before the respondent- police within ten days from today. ii. He shall not cause any threat, force, coercion or influence to any of the prosecution witnesses iii. If any of the above conditions are not followed by the petitioner, the prosecution is at liberty to file an application for cancellation of the anticipatory bail granted.


If an individual is not lawfully obligated to disclose the presence of a design and does not do so willingly, he cannot be found liable under this provision. It must be shown that the voluntary concealment by any act or unlawful omission was meant to enable or known to encourage the execution of a crime punishable by death or life imprisonment. If the presence of a plan to commit such an offence or the rendering of any image that the abettor believes to be incorrect regarding that design is not proven, no determination can be sustained.[7]

Endnotes

1. Raman Devgan, S. 118- Concealing design to commit offence punishable with death or imprisonment for life, (Aug. 15, 2018), https://devgan.in/ipc/section/118/ 2. IPC- Section 118. Concealing design to commit offence punishable with death or imprisonment for life. https://www.iitk.ac.in/wc/data/IPC_186045.pdf 3. SECTION 118 IPC - Indian Penal Code - Concealing design to commit offence punishable with death or imprisonment for life, LawRato, https://lawrato.com/indian-kanoon/ipc/section-118 4. Kiran v. State of Kerala, (2019) 5. CHANDRA v. STATE OF KARNATAKA, (2015) 6. Pinki Sarkar, Summary of Section 118 of Indian Penal Code, 1860 – Explained, Shareyouressays, https://www.shareyouressays.com/knowledge/section-118-of-indian-penal-code-1860-explained/118479