Concealing Design to Commit Offence Punishment with Imprisonment - Section 120
Ignorance of Law is not an excuse. One cannot simply take the defense that he was unaware of the consequences of conducting a particular offense which is a crime or which amounts to a crime. Hence, under the Indian Kanoon, it is also considered an offense hence punishable under IPC. Section 120 of the Indian Penal Code deals with Offences of such kind and nature. However, it is not considered a heinous crime and hence it is not given any kind of severe punishment under the Indian Penal Code. As to constitute a crime the knowledge of the act done should be known by the person, there must be a motive behind the commitment of such offense and there must be a wrongful act and a guilty mind. Hence, the above shall be considered as an offense under IPC Section 120. Sections 118, 119, and 120 arrange with abetment via disguising the plan of the commission of violations. Consult the best lawyer online now What is IPC 120? According to India ka kanoon, Section 120 of IPC is read as “Whoever, expecting to encourage or realizing that it generally will be likely that he will in this way encourage the commission of an offense culpable with detainment, intentionally covers, by any act or illicit exclusion, the presence of a plan to submit such offense, or makes any portrayal which he knows to be bogus regarding such plan, shall be if the offense is submitted, be rebuffed with the detainment of the portrayal accommodated the offense, for a term which may reach out to one-fourth, and, if the offense is not dedicated, to one-eight, of the longest term of such detainment, or then again with so much fine as is accommodated the offense, or with both. For example. If a guy helps a murderer to hide at his place, then it is considered to be an offense under Section 120 of The Indian Penal Code. in the event that the offense is submitted, be charged with the detainment of the depiction accommodated the offense, for a term which may reach out to one-fourth, and, if the offense isn't submitted, to one-eight, of the longest term of such detainment, or with so much fine as is accommodated the offense, or with both. For eg. If there is a failure in the commission of the crime, the person shall be liable for one-eighth of the punishment of such crime. If a person fails to commit a crime and the punishment for such is Rs 16,000 fine and 8 years imprisonment, then he shall be awarded with imprisonment of 1 year and a fine of Rs.2,000 or with both. Essentials to constitute an offense under Section 120 IPC: In order to prove the person is guilty under Section 120 of IPC, the following ingredients are required: Presence of a criminal plan with respect to people who expect to carry out the illegal activity. Disguise of such plan by others. There should be a functioning goal to hide the plan and ownership of the information that such hiding of information will help with sustaining the offense. It can be better explained as under: Such a disguise made should be a willful disguise. Making a bogus portrayal intentionally with respect to the plan or plan to submit an offense.
Is IPC 120 bailable?
An offense under section 120 is treated as just another offense and hence it shall be treated as an offense that is bailable.
What is the punishment for IPC 120 Case?
The Indian Penal Code states that if a person is convicted under Section 120, then he shall be punished with a punishment which is one-fourth of the offense committed or with a fine or both.
For eg, punishment for a crime is 8 years imprisonment and Rs. 40,000 fine. Then according to Section 120, the person shall be punishable with 2 years of imprisonment or a fine of Rs.10,000 or with both.
Is IPC 120 a cognizable offense or a non-cognizable offense?
As indicated by the Indian Kanoon, a cognizable offense is a kind of offense where the Police officials can catch the convict without a warrant and can start an assessment without the due assent of the court. A non-cognizable offense is a sort of offense wherein a cop has no ability to catch without a warrant. These are the offenses that are not real or ordinarily appalling in nature. The offense under Section 120 is considered to be a non-cognizable offense.
How to file/defend your case for IPC 120 offense?
It is necessary to prove that such an act was not done voluntarily as per IPC. There was a valid reason for the commitment of such an act. For eg. A murderer threatened Mr.A doesn’t offer him a place to hide, then he shall kill his entire family.
Collection of evidence that will prove that there was no such intent to commit the offense of this nature.
The component of crime in such cases lies in the demonstration of covering, regardless of knowing about the plans of the commission of the crime and subsequently encouraging and empowering the commission of such offense. Hence, a person needs to prove that he didn’t have knowledge of the above and had no criminal intent to do so.
In what court can IPC 120 be tried?
Such an offense made under Section 120 is trialable as any other offense.
Is IPC 120 a bailable or non-bailable offense?
A bailable offense means a person can be granted bail. However, in case of a non-bailable offense, the person cannot get bail under any circumstances. An offense under Section 120 IPC is a bailable offense.
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Any famous judgment w.r.t. IPC 120 if any?
State vs Mohd. Arif @ Ashfaq @ Abu Hamad 13 September 2007 In this case, the accused was granted thorough detainment for a very long time on each of the allegations made under Sections 118/120/216 IPC. Under Section 14 of the Foreigners Act, he was granted thorough detainment for a very long time, and for his conviction under Section 188 IPC, he was granted a half year's thorough detainment. Various measures of fines were additionally forced on him notwithstanding the said sentences of detainment.| Offence | Punishment | Cognizance | Bail | Triable By |
|---|---|---|---|---|
| Concealing a design to commit an offence punishable with imprisonment, If offence be committed | One-Fourth of Offence or Fine or Both | Same As Offence | Same As Offence | Same as Offence |
| If the offence be not committed | One-Eighth of Offence or Fine or Both | Same as Offence | Bailable | Same as Offence |
| Offence | Concealing a design to commit an offence punishable with imprisonment, If offence be committed |
|---|---|
| Punishment | One-Fourth of Offence or Fine or Both |
| Cognizance | Same As Offence |
| Bail | Same As Offence |
| Triable By | Same as Offence |
| Offence | If the offence be not committed |
| Punishment | One-Eighth of Offence or Fine or Both |
| Cognizance | Same as Offence |
| Bail | Bailable |
| Triable By | Same as Offence |
