SECTION 120

 Heading of the Section: Concealing design to commit an offence punishable with imprisonment.

Overview: This section talks about an offence where a person, intending to facilitate or knowing that it would thereby facilitate the commission of an offence which is punishable with imprisonment, voluntarily conceals that act, by any act or illegal omission, the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design.

Punishment for concealing design to commit an offence punishable with imprisonment under Section 120 IPC: The punishment is different in case the offence is committed and when not committed. Firstly, if the offence is committed, then he shall be punished with imprisonment of the description provided for the offence, for a term which may extend to one-fourth. Secondly, if the offence is not committed, then he shall be punished with imprisonment of the description provided for the offence, for a term which may extend to one-eight, of the longest term of such imprisonment, or with such fine as is provided for the offence, or with both.

Illustration: Arjun, knowing that dacoity is about to be committed at Gurgaon, falsely informs the Magistrate that a dacoity is about to be committed at Noida, a place in an opposite direction, and thereby misleads the Magistrate with intent to facilitate the commission of the offence. The dacoity is committed at Gurgaon in pursuance of the design. A is punishable under this section.


There are two Subsections in 120 as 120A and 120B.

Offence Punishment Cognizance Bail Triable By
(1) Concealing a design to commit an offence punishable with imprisonment, If offence be committed (2) If the offence be not committed (1) One-Fourth of Offence or Fine or Both (2) One-Eighth of Offence or Fine or Both (1)Same As Offence (2)Same as Offence (1)Same As Offence (2) Bailable (1)Same as Offence (2)Same as Offence
Offence (1) Concealing a design to commit an offence punishable with imprisonment, If offence be committed (2) If the offence be not committed
Punishment (1) One-Fourth of Offence or Fine or Both (2) One-Eighth of Offence or Fine or Both
Cognizance (1)Same As Offence (2)Same as Offence
Bail (1)Same As Offence (2) Bailable
Triable By (1)Same as Offence (2)Same as Offence
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