Section 120B | Punishment of criminal conspiracy

Criminal conspiracy is the term used when two or more individuals commit an illegal act. Section 120 B declares the punishment for criminal conspiracy. This section is designed to provide a broader legal framework to help individuals prevent any criminal behaviour. Whether the crime has happened or the intention is to take the step, this section applies to both conditions. The section also acts as a preventive approach towards the crime. It also helps the accused not to commit the crime. This section has different aspects and punishable options. This blog will clarify the details of the section 120B and the punishment for criminal conspiracy.

Lawyer’s Role in Section 120B

The FIR report is a good starting point for a lawyer to investigate the situation. This report will contain details regarding the case and the accusations levelled against the defendant. Additionally, they examine the act of police statement recording (section 161 CrPC). This is a crucial move toward fixing the case’s procedural flaws. A lawyer’s other job is to find credible witnesses to use as counterarguments in court.

The lawyer also carefully examines the client’s proof. This section details the government’s seizure of documents or digital evidence without proper formal authorization. This allows them to deliberately plan to lessen the evidence’s impact on the case. The defence attorney will look for any weakness in the prosecution’s case and bring it to light to strengthen the client’s position. 

Legal Provisions of Section 120B

Section 120B of the IPC is closely linked to Section 120A. This section defines the term “criminal conspiracy.” Together. These sections provide a detailed framework for dealing with conspiracies. The main provisions of Section 120B are as follows:

1. Definition of Conspiracy (Section 120A):
   • A criminal conspiracy occurs when two or more persons agree to commit:
     • An illegal act, or
     • A legal act through illegal means.
   • The simple agreement constitutes conspiracy, but a clear act is necessary for acts punishable with death, life imprisonment, or harsh imprisonment of two years or more.
2. Punishment Under Section 120B:
   • If the conspiracy is to commit an offence punishable by death, life imprisonment, or rigorous imprisonment for two years or more:
     • The conspirators are subject to the same punishment as the primary offence.
   • For conspiracies to commit other offences:
     • Punishment may extend to six months’ imprisonment, a fine, or both.

Essential Ingredients of Criminal Conspiracy

If the action comes under the criminal conspiracy, then it needs to be limited like this:

1. The foundation of a criminal plot is the agreement. It need not be written or formal; a tacit agreement suffices.
2. The cornerstone of a criminal conspiracy is the agreement. It need not be written or formal; a tacit agreement suffices.
3. A conspiracy cannot occur with a single individual; at least two individuals must participate.
4. For major offences, an overt act in furtherance of the conspiracy is required to demonstrate guilt. 

Practical Implications of Section 120B

The practical implementation of this section involves: 

1. By penalizing the agreement itself, Section 120B serves as a caution to organized crime, including terrorism, smuggling, and corruption.
2. Many white-collar crimes, such as corporate fraud and theft, include conspiracy. Section 120B offers a legal tool to hold partners accountable.
3. Establishing a criminal conspiracy can be tough due to the covert nature of agreements. Investigators often rely on circumstantial evidence, electronic interactions, and witness statements. 

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So, criminal conspiracy is a term that involves a lot of legal work. We are the Best Lawyers in Delhi and we have an experienced team to handle your case with care. Allow us to investigate the case and Please feel free to contact us.