themselves (conspiracy). It might indeed appear that as this crime of conspiracy is complete so soon as the ingredients required by its definition exist, the disclosure cannot be calculated to prevent it as it can come only after its consummation. But Roberti thinks that in the case of conspiracy the words “execution or attempt” in the provision under discussion (Section 60) must be referred to the crime which the conspirators had in view and for the accomplishment of which the means to be employed have been agreed upon, and not to the execution (i.e., consummation of the crime of conspiracy itself). This interpretation has in its support the consideration that Section 60 applies to all the crimes dealt with the proceeding sections of the title among which is the crime of conspiracy. If a different interpretation were to be given there would be no case in which the provision of Section 60 could apply in the case of conspiracy. Lastly it is essential that in order to obtain impunity the disclosure must be made before any proceedings. It is important to understand that by “proceedings” here is meant the very first steps which the Government or its authorities take for the discovery of the offenders; in other words, the expression “Proceedings” includes any act by which the search for and collection of evidence is taken in hand. Therefore, if the police have already succeeded in obtaining knowledge of the criminal project and initiated appropriate measures for its discovery and prevention and disclosure made by any of the co-offenders would be late and would not insure him impunity.
5. Omission to reveal Intended Crimes
For the same purpose for which the law grants impunity to any of the offenders who reveals the crime as aforesaid, the law also makes it an offence for any person being aware that a crime against the safety of the Government is to be committed, to fail to reveal to the Government or the public authorities within twenty-four hours all the circumstances which are to his knowledge. This crime is very similar to the English “misprision of treason”. In English law, even when no active assistance is given to a person who has committed a treason, anyone who knows of his guilt can give information that might lead to his arrest will commit an offence if he omits to communicate that information to some justice of the peace. This misprision (i.e., high misdemeanour) of thus concealing the treason is usually termed briefly “misprision of Page 21 of 350