SEC 420, 120B Please clarify, this is unbelievable

Question

SEC 420, 120B Please clarify, this is unbelievable

26-Jul-2023 (In Criminal Law)

Hello. This is the second question I am asking today as I received some unbelievable response to my earlier question.My daughter is implicated in 120B and 420 case for impersonation in exam but the person who impersonated her is also implicated in various other sections of various acts. Including FERA, FEMA, Money laundering, 467, 468, 471, etc. Now I received the response that my daughter will get the same punishment as that person who impersonated her, now how can this be true? So IF that impersonator person had also committed a rape and murder and gets death penalty, my daughter will also get death punishment for rape and murder just because there is section 120B though her transaction was only cheating in exam? (This is also crime but is nowhere near Rape and Murder) I am literally shocked.My daughter made a horrible mistake but how can that mean she is accomplice in everything the other person did? What if he is a habitual murderer as well? Will my daughter be hanged for murder?

Answers (3)

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Adv. Abhinav Sharma Adv. Abhinav Sharma

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Advocate D. Khan LawRato · Accepted Answer · 2022-07-26T15:14:45+05:30

Answer #2

Your question is that your daughter got involved in some impersonation for giving examination and the person who implicate her in these offences has got FIR on him on some other sections as well ….see all these comes under common intention any act done by several people in furtherance of common intention of all ….according to you if the other person has done murder does that mean your daughter will also be punished with capital punishment ?…no this is wrong Court will see that what is the role of your daughter in that conspiracy …so she will get the imprisonment according to her gravity of role …for example if a person gets life imprisonment for for instance for 14 years and your daughter role is 20% …in this overall incident your daughter might get 3-4 years of imprisonment..thanks n b in touch

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Advocate Kunal Srivastava LawRato · Accepted Answer · 2022-07-26T19:30:57+05:30

Answer #3

Hi, I understand your anguish. Section 120B(1) does dictate that if a person is found guilty of conspiring to commit offences punishable by death, life imprisonment or rigorous imprisonment of 2 years and upwards, they will be punished as an abettor of the offence. However, please remember that in order to have this section apply, the prosecution must prove such conspiracy to commit the specific offence. So based on your query, it seems unlikely that the prosecution could establish conspiracy qua offences under FEMA, PMLA, etc. and a case for discharge may be made for your daughter’s defence, although it would be crucial to see the documents and the chargesheet to determine the next steps. Please feel free to contact me for any assistance.

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Adv. Kunal Srivastava Adv. Kunal Srivastava

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