Whoever, intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with imprisonment, voluntarily conceals, 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, if offence be committed-if offence be not committed.
If offence be committed – if offence be not committed – shall, if the offence be committed, be punished with imprisonment of the description provided for the offence, for a term which may extend to one-fourth, and, if the offence be not committed, to one-eight, of the longest term of such imprisonment, or with such fine as is provided for the offence, or with both.
IPC Section 120: Simplified Explanation
IPC Section 120 of the Indian Penal Code (IPC) addresses the legal ramifications for individuals who conceal plans or designs to commit offences that are punishable by imprisonment. This section plays a vital role in the legal framework by ensuring that individuals who are aware of criminal intentions and choose not to disclose them are held accountable. It is designed to deter potential complicity in criminal activities by penalizing the act of concealment.
Here is a detailed breakdown of IPC Section 120:
- Definition and Scope: Section 120 targets anyone who, knowing of a plan to commit a crime punishable by imprisonment, intentionally conceals this information instead of disclosing it to the authorities. This section is broader than those focusing solely on severe crimes, encompassing any offence that might result in imprisonment.
- Key Elements of the Section:
- Concealment of Design: The person must knowingly hide or fail to report a plan or intention to commit an offence. This concealment must be intentional, not due to ignorance or misunderstanding.
- Punishable by Imprisonment: The planned offence must be one for which the penalty includes imprisonment, regardless of the duration.
- Punishment Under Section 120: The punishment for concealing such designs varies but generally includes imprisonment, fines, or both. The exact penalty depends on the severity of the potential offence and the circumstances under which the concealment occurred.
- Legal Implications: This section is essential for promoting a culture of accountability and transparency. By penalizing the concealment of criminal plans, it encourages individuals to come forward with information that could prevent crimes, thereby enhancing public safety and trust in the legal system.
- Examples: If a person becomes aware that a friend is planning a fraud scheme and decides to keep this information secret, they can be charged under Section 120 for concealing the design to commit the offence, even if the fraud does not eventually occur.
Understanding IPC Section 120 is crucial for grasping individuals’ responsibilities when they become aware of criminal plans. It underscores the importance of reporting such information to prevent the commission of crimes and maintain the integrity of societal norms.
