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A, an officer of police, is legally bound to give information of all designs to commit robbery which…

Section 59 of the BNS punishes a public servant who, intending to facilitate an offence which it is his duty to prevent, "voluntarily conceals, by any act or illegal…

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A, an officer of police, is legally bound to give information of all designs to commit robbery which come to his knowledge. Knowing that B designs to commit robbery, A omits to give such information, intending thereby to facilitate the robbery. What has A done?

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Correct answer B

Section 59 of the BNS punishes a public servant who, intending to facilitate an offence which it is his duty to prevent, "voluntarily conceals, by any act or illegal omission," the existence of a design to commit it. Its illustration is this police officer, and the section punishes the concealment even if the offence is not committed. Silence is not instigation, and an illegal omission is expressly enough.

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