What is Section 120B IPC? Punishment of criminal conspiracy
Published on: Lawiz Team
Detailed explanation of Section 120B IPC: Punishment of criminal conspiracy.
Official Legal Text
1. Whoever is a party to a criminal conspiracy to commit an offence punishable with death, imprisonment for life, or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence.
2. Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence shall be punished with imprisonment of either description for a term not exceeding six months, or with fine, or with both.
What This IPC Section Means – Explained in Simple Words
Section 120B provides punishment for anyone involved in a criminal conspiracy.
Purpose
To ensure that conspirators are punished even if the crime is not completed.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable if the offence is punishable with death, imprisonment for life, or rigorous imprisonment for two years or more. Bailable in other cases.,Punishment: Same as for the abetted offence if the conspiracy is for a serious offence, or up to 6 months imprisonment or fine, or both for minor offences.
Scope and Application
Applies to all individuals who are part of a criminal conspiracy.
Important Legal Points
Punishment depends on the severity of the crime conspired.
Illustrative Example
A group planning to commit murder is guilty of conspiracy even if they fail.
Exceptions and Special Cases
Does not apply to lawful agreements without criminal intent.
Conclusion
Ensures punishment for planning or agreeing to commit crimes.
FAQs
What does Section 120B IPC define?
Punishment of criminal conspiracy.
Where does Section 120B IPC apply?
It applies in cases involving punishment of criminal conspiracy.
Why is Section 120B IPC important?
It deals with serious offences critical to public order and government stability.
Give a real-life example of Section 120B IPC usage?
Judicial cases often apply this section in national security or conspiracy issues.
What punishment is prescribed under Section 120B IPC?
Punishment varies depending on the section and can range from imprisonment to life sentence.
Is Section 120B IPC connected with other IPC laws?
Yes, it is often used along with sections relating to abetment, conspiracy, and sedition.
How do courts interpret Section 120B IPC?
Courts carefully analyze facts and apply strict interpretations in national interest cases.