IPC Section 120 - Concealing Design To Commit Offence Punishable With Impris­onment

Section 120 of the Indian Penal Code (hereinafter referred to as “the Code”) talks about one of the significant arenas of criminal law by aiming at individuals who deliberately choose to hide plans. These plans are made with the intent of committing an offence.   

This section targets only those particular set of individuals who contribute to the commission of crime either knowingly by doing an action that should not have been done or by omitting to do something that should have been done. 

This provision makes certain that not only the culprits of an offence are punished by the law but also the ones who help them in committing the crime by concealing are held responsible for their actions or omissions. This Section helps ensure that no individual guilty of criminal conspiracies is left unscathed and acts as a deterrent for other individuals from engaging in such unlawful activities.

Legal Provision:  Section 120 - Concealing Design To Commit Offence Punishable With Impris­onment

“Section 120. Concealing design to commit an offence punishable with impris­onment.—

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.— 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-eighth, of the longest term of such imprisonment, or with such fine as is provided for the offence, or with both.”

Simplified Explanation Of IPC Section 120

Many individuals try to hide or conceal the plan that they make to commit a crime. While some individuals are responsible for carrying out a crime, others are responsible for hatching the plan. But this section chooses to bring parity when giving punishment to the culprits for not only participating in the act of commission of the offence but also holding others liable for helping the culprits by hiding the plan prior to its execution. 

Section 120 of the Indian Penal Code (IPC) deals with punishing people who hide or cover up a plan to commit a crime that can lead to imprisonment. This section is important because it holds people accountable not just for committing a crime, but also for helping to conceal a crime that is being planned.

Elements Of Section 120 Of The Code

Key elements that need to be satisfied for the application of Section 120 are as follows:

Hiding The Plan Of Committing A Crime 

When an individual is aware of a plan that is made for committing a crime in future and chooses to keep that plan as a secret or chooses not to disclose it to someone or takes measures to hide the plan, they can be charged and punished under Section 120 of the Code.

This is inclusive of lying through the teeth or going above and beyond to ensure that the crucial details of the crime are not leaked or revealed to others, or sharing information that could mislead authorities.

Intending To Assist The Crime

It’s not crucial for an individual to directly engage in the committing of an offence. However, when they stay silent about the plan they knew or lie to hide the plan, it makes it easier for the culprits to commit the offence. So, without direct participation in the crime itself, the individual is indirectly aiding in the commission of that offence. 

Now there are two scenarios and the way an individual guilty of concealing the design or plan can be punished :

Crime Takes Place 

When it is found that the crime does happen after the individual conceals the plan, they can be punished with up to one-fourth of the maximum punishment that is given to the culprits responsible for committing the offence. 

Crime Does Not Take Place

It is found that the person was aware of the plan and hid the plan but the crime did not take place, the Court can still punish that person with up to one-eighth of the maximum punishment that is given for that particular crime as per the regulatory framework.

Penalties And Punishments Under IPC Section 120

The punishment to be meted out to the person responsible for aiding in the crime can be imprisonment, fine, or both.

The punishment to be given when the person responsible for concealing the plan for the commission of an offence that has not been carried out can be imprisonment, a fine, or both.

Practical Examples Illustrating IPC Section 120

Here are some practical examples to illustrate Section 120 of the Code:

Example 1

Ram comes to know that Shyam is planning to rob a bank. Ram has the map of the building where the bank is situated. He shares that map with Shyam. Ram is aware that this map will help Shyam in committing the robbery. Shyam successfully looted the bank.

In this situation, Ram can be charged under Section 120 because he did not reveal the plan to commit the offence by instead supplying Shyam with the map of the building. Ram may be punished with imprisonment with one-fourth of the maximum punishment for robbery, or the same fine provided for robbery, or with both.

Example 2

Karan is aware that Rohan is planning to abduct his neighbour's child. Karan arranges conveyance for Rohan by renting a van under a fake name, knowing that Rohan will use the van to abduct the child. Somehow, the police officer comes to know about the plan and arrests Rohan before he can commit the offence. 

In this situation, Karan can be charged under Section 120 because he rented a van under a fake name to help out Rohan in carrying out the offence. 

Example 3

Seeta overhears Gita and Lata hatching a plan to commit a cybercrime. Seeta understands that Gita and Lata are planning to steal and release sensitive information by hacking into a government website. Despite being aware of this plan, Seeta does not take any measures to tip off or disclose this plan to the authorities. A few days later, Gita and Lata succeeded in their plan to hack the website and publish the sensitive data of over 1 million citizens. 

In this situation, Sita chose to stay silent despite overhearing the plan and knowing its consequences. Her failure to report the crime can be categorised as an ‘illegal omission.’ Hence, she could be charged under Section 120 for concealing the plan to commit the offence. 

Recent changes

Since the incorporation of Section 120 of the Code, there have been no changes to it. Section 120 of the Code has been incorporated under Section 60 of the Bharatiya Nyaya Sanhita, 2023 without any changes.