SECTION 120B

Heading of the Section: Punishment of criminal conspiracy

Overview: This section talks about the punishment for criminal conspiracy. This section was added by the Indian Criminal Law Amendment Act of 1913 (8 of 1913). Section 120-B talks about the punishment of criminal conspiracy. This section in divided into two parts i.e. section 120-B (1) and 120-B (2). Persons who are a party to a criminal conspiracy to commit an offence are punishable under this section. Section 120-B (1) provides for heinous and grievous offences. On the other hand, section 120-B (2) provides for minor criminal offences.

Section 120-B (1) of the Indian Penal Code: This section deals with the conspiracy of three kinds of offences. They are as follows –  

      1. an offence in which death is the punishment;

      2. an offence in which life imprisonment is the punishment;

      3. or an offence in which is rigorous imprisonment for a term of two years or upwards is the punishment.

According to Section 120-B (1), when there is no expressed provision regarding the conspiracy of aforesaid offences in the code then this section is applicable. Further, it says that the parties who commit any of the aforesaid offences are punishable in the same manner as the abetment of such offences.

Section 120-B (2) of the Indian Penal Code: This section deals with the criminal conspiracy of remaining offences. Generally, it covers minor criminal offences. In other words, we can say it covers the conspiracy of those offences which is punishable with less than 2-years of imprisonment. Thus, the section imposes nominal punishment i.e. imprisonment for the term not exceeding 6 months.

Thus, Section 120-B (2) says that a person who is the party in criminal conspiracy other than Section  120-B  (1), shall be punished with

1.      either imprisonment for the term of not exceeding 6 months

2.      or with fine or both