Title: Understanding Section 120B of the Indian Penal Code (IPC): Criminal Conspiracy and its Implications

Introduction

Section 120B of the Indian Penal Code (IPC) deals with the offence of criminal conspiracy. This section is of significant importance in the Indian legal system, as it covers a wide range of criminal activities that involve multiple individuals working together with a common intention to commit a crime. In this article, we will delve into the details of Section 120B, its elements, and its implications on the Indian legal landscape.

Section 120B of the Indian Penal Code

Section 120B of the IPC states: “Whoever is a party to a criminal conspiracy to commit an offence punishable with imprisonment for life or imprisonment for a period of one year or upwards, shall, wherever no express provision is made by this Code for the punishment of such a conspiracy, be punished with imprisonment of either description for a term not exceeding 5 years, and shall also be liable to fine.”

Elements of Criminal Conspiracy under Section 120B

1. Agreement: The first element of a criminal conspiracy is the existence of an agreement between two or more individuals. This agreement can be made either expressly or tacitly, and it need not be in writing.
2. Common intention: The agreement should involve a common intention among the parties to commit a specific crime or an unlawful act. The common intention can be inferred from the circumstances of the case.
3. Unlawful act: The conspiracy must involve an unlawful act or an act against public policy. The act can be a civil wrong or a criminal offence.
4. Parties to the conspiracy: All the parties involved in the conspiracy must know about the common intention and must act in furtherance of that intention.
5. Punishment: The punishment for criminal conspiracy under Section 120B is imprisonment of either description for a term not exceeding five years and is also liable to fine, if no specific punishment is provided for the conspiracy in the IPC.

Implications of Section 120B

1. Wide application: Section 120B is a catch-all provision that covers various criminal activities, including those not explicitly mentioned in the IPC. It serves as a safeguard against unlawful activities that may not be covered by other sections of the IPC.
2. Preventive measure: Criminal conspiracy charges can be used as a preventive measure by law enforcement agencies to curb potential criminal activities. It enables the authorities to act against individuals or groups planning to commit a crime before the actual offence takes place.
3. Stringent punishment: The punishment for criminal conspiracy under Section 120B is relatively stringent compared to the punishment for the actual crime that the conspirators intend to commit. This serves as a deterrent to potential criminals and emphasizes the severity of engaging in criminal activities.
4. Complex legal proceedings: Proving a criminal conspiracy under Section 120B can be challenging, as it requires establishing the existence of an agreement, common intention, and the unlawful act. It often leads to complex legal proceedings, requiring thorough investigation and evidence collection.

Conclusion

Section 120B of the Indian Penal Code plays a crucial role in the Indian legal system by addressing criminal conspiracies that may not be explicitly covered by other sections of the IPC. It serves as a deterrent to potential criminals and empowers law enforcement agencies to prevent and curb unlawful activities. However, proving a criminal conspiracy under this section can be complex and requires thorough investigation and evidence collection. As such, Section 120B continues to be an essential tool in the Indian legal arsenal to maintain law and order and ensure justice for all.

Further study

• Section 120B IPC – There cannot be a conspiracy by only one accused
• Conviction upheld u/ss 302 IPC & 55, 57 Abkari Act
• Common object, common intention, unlawful assembly and overtact
• Organised crime: Explained
• Section 27 Evidence Act – Fact discovered and recovery mahazar witnesses