120 b of ipc vs 13(1)(d) of pca
m.v.prabhakar
(Querist) 12 September 2011
This query is : Resolved
Since it was not responded in the forum section, I seek the advice of the experts in this issue. Though it appears to be academic it needs expert opinion.
Shall be obliged, for the following clarification by any learned experts.
1. Is it necessary that sec 120B of IPC should always be associated with any other punishable sections like 420, 468, 471 etc.,
2. Can the Sec 120B of IPC be singularly be associated with 13(1)(d) r/w 13(2) of Prevention of corruption Act.
3. If the answer to the S.No 2 is affirmative then my question is based on 120B and 13(1)(d) of PCA. These sections are reproduced for your immediate reference.
120B. Punishment of criminal conspiracy.—(1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death,2[imprisonment for life] or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence.
(2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment of either descripttion for a term not exceeding six months, or with fine or with both.
Section 13(2) in The Prevention Of Corruption Act, 1988
(2) Any public servant who commits criminal misconduct shall be punishable with imprisonment for a term which shall be not less than one year but which may extend to seven years and shall also be liable to fine.
Q1. Is the PCA is considered as a part of IPC though it is a separate Act as it was carved out of IPC for the purpose of 120B.
Q2. Since Sec 120B of IPC talks about the offences under this code (which is underline and coloured above) can we conclude that only 120B and 13(1)(d) can not co-exist with out any other sections of IPC like 420, 471 etc.,
Q3. As the punishment of imprisonment under PCA is not less than one year which is contradictory to the minimum punishment u/s 120B of IPC (death,2[imprisonment for life] or rigorous imprisonment for a term of two years or upwards) can the charges u/s 120B of IPC be survive.
Regards
Prabhu
Raj Kumar Makkad
(Expert) 12 September 2011
1. No.
2. Yes.
Qus 1. No. AS PCA is a separate act so it is no associated with IPC. Special Act overrides general Act.
Qus. 2. Yes. Mere conspiracy is not sufficient to bring the accused under web of law. If conspiracy doesn't take effect (means other sections as defined in any criminal law), the same is not an offence. For example: If A made a plan in his house to rob B but it was not materialised, the conspiracy is not punishable.
Qus 3. Imprisonment of 6 months is also provided under section 120B so your query do not relate to facts.
