IPC 202 vs BNS 202
● Retained in BNSIntentional omission to give information of offence by person bound to inform
Section 202 of the Indian Penal Code, 1860, punishes the intentional omission of information about an offence by a person who is legally bound to report it. This section ensures that individuals entrusted with responsibility do not neglect their duty, especially when their silence can help an offender escape justice.
Key provisions:
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Whoever, knowing or having reason to believe that an offence has been committed, intentionally omits to give information which they are legally bound to provide, shall be punished.
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Punishment:
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If the offence is punishable with death → up to 7 years imprisonment and fine.
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If punishable with life imprisonment or up to 10 years → up to 3 years imprisonment and fine.
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For lesser offences → up to 1/4th of the maximum punishment, or fine, or both.
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Example: A doctor not reporting a gunshot wound from a crime, or an officer hiding knowledge of a planned offence.
This section strengthens accountability of citizens and officials in reporting crimes.
Intentional omission to give information of offence by person bound to inform
Section 202 of the Bharatiya Nyaya Sanhita, 2023, retains the same principle as IPC 202. It penalizes the deliberate withholding of information regarding an offence by a person who is legally bound to provide it.
Key provisions:
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If someone, knowing an offence has been committed, fails to give information intentionally, they are liable to punishment.
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Punishment framework is identical:
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If offence punishable with death → up to 7 years and fine.
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If punishable with life imprisonment or up to 10 years → up to 3 years and fine.
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If lesser offence → up to 1/4th of the maximum punishment, or fine, or both.
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Example: A security guard deliberately not informing police about a robbery plan despite being aware.
By retaining this section, BNS emphasizes the importance of citizen responsibility and duty to aid justice by sharing crucial information.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 202 to BNS BNS 202.