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SECTION 120B IPC - Indian Penal Code - Punishment of criminal conspiracy


Last Updated: 01 Apr, 2024
By Advocate Chikirsha Mohanty


Table of Contents

  1. IPC 120B in Simple Words
  2. IPC Section 120B related FAQs
  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 punishable as aforesaid shall be punished with imprisonment of either description for a term not exceeding six months, or with fine or with both.



IPC 120B in Simple Words

Section 120B of the Indian Penal Code states that being part of a criminal conspiracy to commit a serious offense punishable with death or imprisonment can lead to punishment as if one had abetted the offense, while being part of a conspiracy for other offenses can result in imprisonment up to six months or a fine, or both.

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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



LawRato

Penalty for criminal conspiracy .--(1) Anyone who is a part of a criminal conspiracies to commit an offense punishable by death, [imprisonment at life] or rigorous prison for a period of two years and upwards shall be punished, if no explicit provision in this Code is made for such a punishment.





Comments by Users


Himanshu
A case filed u/s 406, 407 and 120-B, whether the case will fall in first part of 120-B or 2nd part? With proper justification please

Reply by LawRato
The case would fall under Section 120B (1) since the punishment prescribed under Sections 406 & 407 is for a term which may extend to two years or upwards

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