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Description of IPC Section 120B
According to section 120B of Indian penal code,
- 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.
- Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment of either description for a term not exceeding six months, or with fine or with both.
| Offence | Punishment | Cognizance | Bail | Triable |
|---|---|---|---|---|
| Criminal conspiracy to commit an offence, Punishable with death, imprisonment for life or rigorous imprisonment for a term of 2 Years or upwards | Same As For Abetment of that Offence | Same As Offence | Same As Offence | Same As Offence |
| Any other criminal conspiracy | 6 Months or Fine or Both | Non-Cognizable | Bailable | Magistrate First Class |
Offence : Criminal conspiracy to commit an offence, Punishable with death, imprisonment for life or rigorous imprisonment for a term of 2 Years or upwards
Punishment : Same As For Abetment of that Offence
Cognizance : Same As Offence
Bail : Same As Offence
Triable : Same As Offence
Offence : Any other criminal conspiracy
Punishment : 6 Months or Fine or Both
Cognizance : Non-Cognizable
Bail : Bailable
Triable : Magistrate First Class
FAQ's on IPC Section 120B
What offence is defined under IPC 120B?
IPC 120B Offence: Criminal conspiracy to commit an offence, Punishable with death, imprisonment for life or rigorous imprisonment for a term of 2 Years or upwards.
What is the punishment for IPC 120B Case?
The punishment for IPC 120B is Same As For Abetment of that Offence.
Is IPC 120B cognizable offence or non-cognizable offence?
IPC 120B is a Same As Offence.
How to file/defend your case for IPC 120B offence?
Use LawRato for filing/defending your case under IPC 120B with the help of best criminal lawyers near you.
Is IPC 120B bailable or non-bailable offence?
IPC 120B is a Same As Offence offence.
In what court can IPC 120B be tried?
IPC 120B is tried in the court of Same As Offence.
Legal Questions Answered by Top Lawyers on IPC 120B
What is IPC 120B?? Why it is applicable???
Answer
Section 120(b) Is punishment for criminal conspiracy. The offense under section 120(b) Is an agreement between the parties to do such act. Whoever is a party to criminal conspiracy shall be punishable with death or imprisonment for life.
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i want to know 420/120b is bailable or not and i also want to know dat if patiala hourt rejects d bail than we will file bail again in patiala house court
Answer
Section 420 IPC is non-bailable. If any of the offence alleged is non-bailable then it doesn't matter whether the other offence is bailable or not.
Patiala house has two types of criminal courts - Magistrate and Sessions. Secondly, if bail application has been rejected by the magistrate, ordinarily a fresh bail application ought to be filed before the court of sessions. However if there is a change in circumstance after the rejection by magistrate, one can approach the Same court again. If bail is rejected by court of sessions then one has to approach high court.
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120B,420,468,471 ipc section is cbi case Bala able or non Bala able
Answer
Sections 420 and 468 are non-bailable but one can get bail under 120B and 471. Section 420 talks about Cheating and thereby dishonestly inducing delivery and 468 talks about forgery with similar punishment of maximum 7 years with fine. These offences are of serious in nature and the accused are subject to the discretionary powers of the magistrate granting bail.
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Advocate Debayan Sen
Sarani, Kolkata
Could you please provide relevant case matters Pertaining to the above sections and in which the accused have been acquitted. Many thanks in advance.
Answer
Every case is different as every case depends upon the facts and circumstances. The relevant case details asked by you can only be provided after studying all the related case file. Connect me to discuss in details.
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What are the chances of someone getting bail if they are charged with IPC 354D, 500 and 120b
Answer
Contact a good Advocate to handle your case. Not a very complecsted case at all. You will get Bail . The only issue is, make sure at trial that the witness shall be in your favour. Make a good cross examination.
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My sister was charged with section 302 & 120b for the crime she didn't commit. Her friend was driving the car and she was sitting next to him, he overran an unknown person under intoxication after that he blackmailed her and got escape. She's charged with helping him in getting escape. Is it possible to get her bail.
Answer
Hello,
Here you want to know possibility about bail under section 302/120b IPC but I tell you without proper study about your case and what inquiry's are done by police you meet with documents and than filed for bail
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My father legally separate my brother by HAlafnama and paper cutting. The girl registered FIR in 2014 in IPC 376 and 3&4 of posco act and girl denied to rape after case in dist court case solved now same girl registered fiIR in IPC 370 and 120 B against me and my mother I and my father is working in Indian army and mother lives at home sir pls tell me how to defend my mother anf father and also legally separated brother.
Answer
Dear Sir, It is presently unclear about the matter that you are seeking legal help regarding. Please elaborate the same so we can provide you with a suitable response. looking forward for hearing from you for a more detailed discussion.
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How to get bail in the section 120B?
Answer
Firstly you have to need an advocate then after with the help of advocate you will file a bail application under section 438/439 of CRPC. Then after court fix a date to here your application . You have to proof yourself innocent and after listen both side judge will get bail .
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Advocate Ahsan Chaudhary
Lajpat Nagar - 2, Delhi
I just want to ask that if we are applying bail for a person in case of section 120B will there be any role of complainant in case of bail. The person is the one who has lodged a complainant that she assume that this person has killed his relative so will the person be called in bail hearing. And who will get the notice regarding this other than Police
Answer
Hello client
As Ur query is referred to the matter of bail under section 120b IPC
Yes it is true while filling application for bail under section 120b IPC the person who is the victim or from the victim family offcourse they will.be issue notice and they will.be heart by the court on the point of the bail. It's the actual.process. They can not not waived off.
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I just want to ask that if we are applying bail for a person in case of section 120B will there be any role of complainant in case of bail. The person is the one who has lodged a complainant that she assume that this person has killed his relative so will the person be called in bail hearing. And who will get the notice regarding this other than Police
Answer
Hello client
As Ur query is referred to the matter of bail under section 120b IPC
Yes it is true while filling application for bail under section 120b IPC the person who is the victim or from the victim family offcourse they will.be issue notice and they will.be heart by the court on the point of the bail. It's the actual.process. They can not not waived off.
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And please tell is it a compulsion that first bail has to be rejected if accused is under 120b nd he's in judicial custody in tihar jail and which court( session or district) will give bail . The matter is in Rohini court Delhi
Answer
Hi first of all it is necessary that is bail will be rejected it be will on the ground and case where it will be Shown that exactly what had happened the court will see what is the case about what is the punishment or the court will also decide the Jurdisiction where the accused can apply for bail session court can also give a bail where is depends where the case is Been pending the court had to right to give the bail of dismiss on certain grounds
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I have charge above section with two more accuse with me.i have settle with complement via mou approved by court.i have paid my liability as per mou.now eow filed chargesheet against me. So Pls sugest what can I do
Answer
yes you can quash the processing with the court .and the charges on you are for petty offence and you have settled the dispute with the compliments so easily you get discharged by the offence and settle the dispute
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Advocate Prasad Sudhakar Bhosale
Laxmi Colony, Pune
