SECTION 120B IPC - Indian Penal Code - Punishment of criminal conspiracy
Last Updated: 01 Sep, 2024
By Advocate Chikirsha Mohanty
(IPC section is included as sub-section in BNS, sans heading.)
Please refer to BNS 61 for updated procedures & punishments.
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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.
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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.
Cited by
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
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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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