CALL NOW +91 – 8800110989 Criminal Conspiracy is a crime where two or more individuals collaboratively decide to execute an ill intended plan for illegal activities. Section 120B of Indian Penal Code provides provisions for dealing with such situations. This section makes sure that people who are accountable for committing the illegal and illicit act are to be held accountable and punished according to law.
Section 120B of IPC plays a vital role in deterring criminal conspiracies as it has provisions to punish perpetrators even when the criminal activity is only planned and not executed. This article aims to explain the various elements and provision of section 120B to provide legal clarity about criminal conspiracy and punishment.
Understanding Criminal Conspiracy Under Section 120B of IPC
As per Section 120B of IPC a criminal conspiracy occurs when two or more individuals agree to commit an offense. In criminal conspiracy two or more ill intended individuals, plan and execute a criminal activity with mutual agreement. Let us now understand the key elements of section 120 B
Agreement Between Two or More Individuals to Commit Unlawful Act: The section says the ground of criminal conspiracy begins with two or more individuals agreeing to commit unlawful activity. The agreement doesn’t necessarily be a formal agreement between the conspirators, it should be reflected from the action and intention.
Meeting of Minds Between The Conspirators: There must be a meeting of mind between conspirators to work towards the ill intended plan to execute the unlawful activity.
Intention to Commit Unlawful Act: The agreement between conspirators must be from the intention of committing an inherent unlawful act or to get some legal act done by using illegal means.
Existence of Conspiracy and Plan of Executing Illegal Act: There should be a clear existence of the conspiracy with an ill intended execution plan to make the criminal conspiracy successful. In case any evidence of planning the conspiracy can further strengthen the case against the conspirators.This include preparing for the plan, leaking of confidential information, providing resources, sharing responsibilities etc.
There are a wide range of criminal conspiracies covered under section 120B of IPC, including but not limited to murder, fraud, and robbery.
Also Read :- General Power of Attorney: A Comprehensive Guide from Draft to Assignation of Authority
Punishment Under Section 120B for Criminal Conspiracy:
The punishment for criminal conspiracy under section 120B of IPC is classified under two basic categories. Let us examine the categories and prescribed punishment
Serious Crime With Harsher Punishment: The conspirator falling under this category is dealt with severe punishment. Under this category high stake crimes are included,hence, punishment includes, death penalty, imprisonment for life or rigorous imprisonment for two or more years.
Crimes With Low Severity: Gravity of crime is a crucial factor while deciding the punishment. Under this category, a conspirator faces less severe penalties in comparison to the serious crime category.
For serious criminal conspiracies the punishment prescribed under section 120B are similar to abatement of crime itself which act as a major deterrent to criminal conspiracies or someone becoming a co-conspirator in an unlawful act. The punishments under this act are aligned according to the gravity of crime which creates a fair and just environment.
Landmark Judgements Related to Criminal Conspiracy:
Let us now examine some of the landmark judgments related to criminal conspiracy.
State of Maharashtra v. Som Nath Thapa (1956): In this case the honorable supreme court has made it clear that conspiracy will be considered in either case whether someone is doing an illegal act or doing any legal act illegally. The case further provides clarification that mere agreement and intent is enough for proving criminal conspiracy; the execution of the plan is not necessary to substantiate this.
Kehar Singh v. State (1988): In the case related to the assassination of late prime minister Smt. Indira Gandhi in the landmark judgment of the honorable supreme court stated that presence on the crime scene is not necessary to prove criminal conspiracy, the agreement to commit the offense is enough to prove the involvement in criminal conspiracy.
Cases and landmark judgments like these have redefined how section 120B can be implied in case of criminal conspiracy, presenting the new dimension for the scope of application.
Analyzing Section 120B IPC Effectiveness & Limitation:
Section 120B with its wide scope and application in cases related to criminal conspiracy turns out to be a major deterrent. The prescribed punishment under this section 120B makes sure that any person involved in criminal conspiracy is dealt with an appropriate punishment under the law. Since under section 120B execution is not necessary, mere agreement to illegal act planning and intention are enough to be convicted under this act this discourages individuals from engaging in illegal activities or planning.
Section 120B IPC also comes under the risk of being misused, also it comes with heavy burden of proof, in order to establish the criminal conspiracy one has to present substantial and admissible evidence which is very challenging.
Also Read :- Survival Certificate: Examining the Importance, Purpose, Role in Pension & How it Can be Obtained Online
How Insaaf99 Helps You In Section 120B Cases
Insaaf99 an online legal consultation platform helps individuals seeking legal assistance for the cases related to Section 120B of IPC. With our digital platform individuals can quickly connect with legal experts and clear their doubts related to the case. We offer legal insight on the case by thoroughly reviewing it and suggesting the possible solutions and options. We assist the client through document preparation which is a very important part of the legal case management . By harnessing the power of technology Insaaf99 not only breaks the boundaries but also makes legal consultation accessible for anyone and thus playing a vital role in creating a fair and just society.
Frequently Asked Questions:
What is Section 120B in law?
As per Section 120B of IPC a criminal conspiracy occurs when two or more individuals agree to commit an offense. In criminal conspiracy two or more ill intended individuals, plan and execute a criminal activity with mutual agreement.
What is the punishment for 420 and 120B?
Section 420 deals with cheating and fraud and accused can be punished with imprisonment up to 7 years and fine. Section 120B deals with criminal conspiracy and punishment depends on the severity of crime and can be fine, imprisonment, life imprisonment and death penalty.
Is IPC 120B bailable?
The bail under section 120B depends upon the situation, gravity of crime and the intention with which the conspiracy was planned.
