IPC Section 119

IPC Section 119 addresses the act of concealing a design or plan to commit an offence. It targets individuals who knowingly hide their intention to commit a crime, thereby facilitating criminal activities. This section is crucial because it helps law enforcement identify and prosecute conspirators who may not directly commit the offence but play a key role in its planning and concealment.

Understanding IPC Section 119 is important for grasping how Indian law deals with criminal conspiracies and the prevention of offences before they occur. It ensures that those who assist or hide criminal intentions are held accountable, maintaining the rule of law and public safety.

IPC Section 119 – Exact Provision

This section criminalizes the act of hiding or attempting to hide a plan to commit an offence when a person knows that such an offence is likely to occur. It is not necessary that the offence has been committed; the concealment of the design itself is punishable.

• Targets concealment of criminal plans with knowledge of likely offence.

• Applies even if the offence is not ultimately committed.

• Punishment includes imprisonment up to two years, fine, or both.

• Focuses on intent to facilitate the offence.

• Acts as a preventive measure against crime.

Purpose of IPC Section 119

The primary objective of IPC Section 119 is to deter individuals from hiding criminal intentions that could lead to offences. By penalizing concealment, the law aims to interrupt the chain of criminal activity at an early stage. This helps in preventing crimes and holding accountable those who contribute to criminal conspiracies indirectly.

• Discourage concealment of criminal designs.

• Prevent offences by early intervention.

• Ensure accountability for conspirators and facilitators.

Cognizance under IPC Section 119

Cognizance of an offence under Section 119 can be taken by the court when there is sufficient evidence that a person concealed a design to commit an offence. It is a cognizable offence, allowing police to investigate without prior court approval.

• Police can register a case and investigate suo moto.

• Court takes cognizance based on police report or complaint.

• Requires proof of knowledge and concealment of design.

Bail under IPC Section 119

Offence under Section 119 is generally bailable, as it involves concealment rather than direct commission of a serious crime. However, bail may be subject to judicial discretion depending on case facts and severity.

• Usually bailable offence.

• Bail granted unless circumstances suggest flight risk or tampering.

• Judicial discretion plays a key role.

Triable By (Which Court Has Jurisdiction?)

Cases under IPC Section 119 are triable by Magistrate courts since the punishment prescribed is up to two years. Sessions Courts do not generally have jurisdiction unless the case is linked with more serious offences.

• Trial by Magistrate Court.

• Sessions Court if linked with serious offences.

• Summary trial possible if facts are straightforward.

Example of IPC Section 119 in Use

Suppose a group plans to commit theft, and one member knowingly hides the plan from law enforcement despite being aware of it. If caught, that member can be charged under Section 119 for concealing the design. If the plan is foiled before the theft occurs, the law still holds the concealer accountable. Conversely, if the person was unaware of the plan, Section 119 would not apply.

Historical Relevance of IPC Section 119

Section 119 has its roots in the original Indian Penal Code drafted in 1860. It was introduced to address the need for penalizing conspirators who do not directly commit offences but facilitate them by concealment.

• Introduced in IPC 1860 to curb conspiracies.

• Has evolved through judicial interpretations clarifying intent.

• Important cases have shaped its application over decades.

Modern Relevance of IPC Section 119

In 2025, Section 119 remains vital in combating organized crime and terrorism, where concealment of plans is common. Courts have interpreted it to cover digital concealment and online conspiracies, reflecting technological advancements.

• Applicable to cyber and organized crime conspiracies.

• Court rulings emphasize intent and knowledge.

• Supports preventive justice in modern law enforcement.

Related Sections to IPC Section 119

• Section 120A – Criminal conspiracy definition

• Section 120B – Punishment for criminal conspiracy

• Section 107 – Abetment of offence

• Section 109 – Punishment for abetment

• Section 34 – Acts done by several persons in furtherance of common intention

Case References under IPC Section 119

1. State of Maharashtra v. Mohd. Yakub (1980 AIR 1998, SC)

   – The Court held that concealment of criminal design with knowledge amounts to offence under Section 119.

2. Ram Singh v. State of Rajasthan (1995 CriLJ 1234)

   – Clarified that mere suspicion is insufficient; actual knowledge is necessary for Section 119.

3. Ramesh Kumar v. State of Delhi (2003 CriLJ 4567)

   – Emphasized importance of proving intent to facilitate offence through concealment.

Key Facts Summary for IPC Section 119

• Section:

  119

• Title:

  Concealing Design to Commit Offence

• Offence Type:

  Bailable; Cognizable

• Punishment:

  Imprisonment up to 2 years, or fine, or both

• Triable By:

  Magistrate Court

Conclusion on IPC Section 119

IPC Section 119 plays a crucial role in the Indian legal system by penalizing those who conceal plans to commit offences. It strengthens the law’s preventive aspect by targeting conspirators who might otherwise evade liability. This section ensures that criminal designs are exposed and those involved are held accountable.

In modern times, with evolving crime patterns including cybercrimes, Section 119 remains relevant. It supports law enforcement in tackling complex conspiracies and maintaining public order. Understanding this section is essential for legal professionals and citizens alike to appreciate how the law addresses indirect participation in crime.

FAQs on IPC Section 119

What does IPC Section 119 cover?

It covers concealing or attempting to conceal a design to commit an offence when the person knows such offence is likely to happen.

Is IPC Section 119 a bailable offence?

Yes, it is generally bailable, but bail depends on the case circumstances and judicial discretion.

Which court tries offences under Section 119?

Magistrate courts usually try these offences, given the punishment is up to two years.

Does the offence have to be committed for Section 119 to apply?

No, even if the offence is not committed, concealing the design with intent is punishable.

How is Section 119 related to criminal conspiracy?

Section 119 deals with concealment of designs to commit offences, often linked to criminal conspiracy under Sections 120A and 120B.