Section 119
Public servant concealing design to commit offence which it is his duty to prevent
of Penal Code
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 the offence.
or makes any representation which he knows to be false respecting such design, shall -
(a)
if the offence is committed, be punished -
(i)
with imprisonment for a term not exceeding one-half of the longest term of such imprisonment, fine as is provided for that offence or both; or
(ii)
if the offence is punishable with death or imprisonment for 15 years, with imprisonment for a term which may extend to 10 years; or
(b)
if the offence is not committed, be punished with imprisonment of any description provided for the offence for a term not exceeding one-fourth part of the longest term of such imprisonment, fine as is provided for the offence or both.
Illustration
A, a police officer 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 provisions of this section.