Ipc 120b vs 13(1)(d) r/w 13(2) of pca
m.v.prabhakar
(Querist) 15 October 2011
This query is : Resolved
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.,either at the time of framing of charge or at later date by judge.
2. Can the Sec 120B of IPC be singularly be associated with 13(1)(d) of PCA.
3. Can the prosecution seek charges only under 120B and 13(1)(d). If so, can it sustain during framing of charges in view of conflict on minimum terms of punishment mentioned in these two.
Shonee Kapoor
(Expert) 15 October 2011
120B can not be filed in isolation as no person can conspire with himself alone.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 15 October 2011
1. If criminal conspiracy has been done by accused then 120b shall be duly inserted at any stage of trial.
2. Yes. It can be.
3. Quantum of punishment has no relevance in imposing these 2 sections of different Acts in a single trial.
m.v.prabhakar
(Querist) 16 October 2011
Thanks for the clarification to all sirs
prabhakar singh
(Expert) 16 October 2011
Hey! you are also prabhakar,i am happy your query is solved to your satisfaction.
m.v.prabhakar
(Querist) 16 October 2011
prabhakar Singh ji, Thanks to share your satisfaction.
Any further clarification to fine tune on the query is appreciated, more so sec 120 B is linked with the punishment under this code. I feel 120B has to necessarily be associated with any other punishable section under this code. In other words 120B is to be read with other sections of the code and not independently. The PCA is yet another act and can be evoked independently. Extract of relevant potion of 120B is as under.
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.
J K Agrawal
(Expert) 16 October 2011
Dear Mr Prabhakar
Do you think the word 'offense' is limited to to offenses indicated in IPC only?
prabhakar singh
(Expert) 16 October 2011
Dear Mr.Agrawal !
i do not think so.where any penal law prohibits you to act some thing in defined manner it is an offense but this is restricted to its legal meaning.
The word ,however, connotes a vast meaning and may refer to several activities of life,such as an offensive play,an offensive argument,an offensive military or police action and several like things.To sum up,it depicts a personality its way of response in a particular situation is an active but not passive word.
Raj Kumar Makkad
(Expert) 16 October 2011
Word "Offence" used in section 120 b (1) denotes any unlawful activity as defined in any law of land.
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