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SEC 420, 120B case need clarification please help


25-Jul-2023 (In Criminal Law)
Hello advocates, please share your contact numbers so I can connect for detailed discussion.My daughter is implicated in 420, 120B case for cheating by impersonation in exam. The person who impersonated on her behalf is also implicated in PMLA, FEMA etc cases and my daughter is facing charge under sec 120B, does that mean she will also get punishment for money laundering and FEMA etc. while her entire role was to pay someone else to take exam on her behalf? This section 120B is scaring us. Will she get punishment for money laundering as well although she was nowhere involved in that but as she is joined to that person by 120B, does that mean if the impersonator gets 10 or 20 years jail time, my daughter will get the same?
Answers (2)

Answer #1
730 votes
bith sections are of serious nature and consequences may be untasteful. 120 B Whoever is a party to a criminal conspiracy to commit an offence punishable with death, or imprisonment for life] or rigorous imprisonment for a term of two years or upwards, shall be punished in the same manner as if he had abetted such offence. you may consult with detail. contact details are available on this site.
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Answer #2
630 votes
If the person who impersonated your daughter has been accused of offences under FEMA, PMLA, and provisions of IPC for committing the offence of cheating by impersonation then unfortunately your daughter would also be given the same punishment as the accused.

It seems that a number of offences were committed which signifies the involvement of an organised group which does money laundering in foreign exchange besides the run of the mill cheating in exams.

By applying section 120B, the investigation agency has made your daughter a co-accused in the commission of the above crimes.
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