Section 120b IPC – Criminal Conspiracy Definition And Punishment

Introduction

A conspiracy is an agreement between two or more persons to commit an offense. The mere meeting of mind of the parties to commit an offense is a conspiracy.

Initial Position

Originally, the IPC consisted of only two provisions for punishing the offense of conspiracy. First, the provision of section 107, which made a conspiracy by the way of abetment, punishable. The others are specific provisions involving offenses which are included conspiracies to commit them. As for example,  Section 310 (in the definition of thugs), Section 400 (belonging to a gang of dacoits), Section 401 (belonging to a gang of thieves), etc.

Current Position

The position, however, changed with the Indian Criminal Law Amendment Act of 1913 (8 of 1913).

Chapter V-A of the Indian Penal Code (45 of 1860) deals with ‘Criminal Conspiracy’.  Legislature inserted it in the aforesaid amendment. It consists of two sections 120A and 120B. Section 120A gives the definition of criminal conspiracy. Section 120B deals with punishment for committing the offense of criminal conspiracy.

The law of conspiracy covers the following:

(i) Conspiracy as a Substantive offense i.e. conspiracy is in itself an offense (ch V-A: ss 120A and 120B);

(ii) Conspiracy as a form of abetment (ch V: s107 Secondly);

(iii) Conspiracy to wage, attempt to, or abet war against the Government of India (ch VI: s 121A), and

(iv) Involvement in specific offenses (ch XVI: ss 310 and 311; ch XVII: ss 400, 401 and 402).

Criminal Conspiracy

An offense occurs when:

a) Two or more persons agree to do an illegal act.

b) Two or more persons cause to be done an illegal act.

c) If two or more persons agree to do a legal act by illegal means.

d) Two or more persons cause to be done a legal act by illegal means.

An agreement is made between two or more persons to commit any one of the aforesaid offenses, is called criminal conspiracy.

Moreover, an act done in pursuance of this agreement is part of the criminal conspiracy. Hence, it is immaterial that the act done is the ultimate object or merely incidental to the object.

Thereby an agreement for committing an offense, two or more persons agree to do an illegal act or cause to be done an illegal act is amounting to criminal conspiracy even though the object of the agreement is not fully accomplished.

Section 120A of the Indian Penal Code (45 of 1860)

A plain reading of s 120A gives ingredients of Criminal Conspiracy as follows;

• There should be two or more persons.
• There should be an agreement between themselves.
• The agreement must be to do or cause to be done:

(a) an illegal act; or

(b) a legal act by unlawful means.

Moreover, in the case of a conspiracy to commit an illegal act, the mere agreement is sufficient to impose liability; however, in the case of conspiracy, to do a legal act by illegal means, there ought to be some overt act which is committed by parties to the agreement.

Punishment of Criminal Conspiracy

Sec 120B deals with the punishment of criminal conspiracy. This section is in two parts i.e. sec 120B (1) and 120B (2).  Any person, whoever is a party to a criminal conspiracy to commit an offense is punishable under this section.

Sec 120B (1) deals with heinous and grievous offenses. However, sec 120B (2) deals with minor criminal offenses.

Firstly, we will discuss sec 120B(1) and then sec 120B (2).

Section 120B (1) of the Indian Penal Code

Particularly, this section deals with the conspiracy of three types of offenses. They are as follows:

• an offense in which punishment is death;
• an offense in which punishment is life imprisonment;
• or an offense in which punishment is rigorous imprisonment for a term of two years or upwards.

According to Section 120B (1), when there’s no expressed provision regarding the conspiracy of aforesaid offenses in the code then this section is applicable. Further, it says that the parties who commit any of the aforesaid offenses are punishable in the same manner as the abetment of such offenses.

Section 120B (2) of the Indian Penal Code

This section deals with the criminal conspiracy of remaining offenses. Generally, it covers minor criminal offenses. In other words, we can say it covers the conspiracy of those offenses which is punishable with less than 2-years of imprisonment. Thus, the section imposes nominal punishment i.e. imprisonment for the term not exceeding 6 months.

Thus, section 120B (2) says that a person who is the party in criminal conspiracy other than section  120B  (1), shall be punished with

• either imprisonment for the term of not exceeding 6 months
• or with fine or both

Conclusion

Any agreement between two or more person to commit an offense is a criminal conspiracy. For the purpose of punishment, s 120B divides criminal conspiracies into two classes. A party to a conspiracy to commit a serious offense, is, in the absence of an express provision in the IPC, punished in the same manner as if he had abetted the offense. Conspiracies to commit any other offenses punishable with imprisonment for a term up to six months with or without fine or both.

Hit and Run cases and legal consequences

Introduction To Hit and Run Cases

Hit and Run cases happen when the drivers while driving incur damage to any person’s life, health or property while rash driving and thereafter failing to register their vehicle and driving license with the concerned legal authorities. In layman’s terms, Hit and Run is hitting a person or property while driving and then fleeing. It becomes very hard to identify and punish the culprits because of lack of evidence and witnesses. However, there have been many instances when the law has convicted them.

Statutory Punishment of Hit and Run

Hit and run cases are not specifically punishable under Indian Penal Code (IPC) as such. Though, Sections 279, 304A, and 338 of the IPC are applicable in the Hit and Run Cases. Section 279 defines and punishes Rash Driving. There is a punishment of jail term extending up to 6 months and a thousand rupees fine under this section. Also, Section 304A punishes death by negligence. This section is directly applicable to Hit and Run cases which result in the victim’s death. The punishment under the Section is for up to 2 years. In cases where the victim hasn’t died but is grievously injured, the punishment is given in Section 338.[i]

The Motor Vehicles Act, 1988 is applicable to the cases of Hit and Run too. Section 161 of the Act defines “hit and run” as “an accident arising out of the use of a motor vehicle or motor vehicles the identity whereof cannot be ascertained in spite of reasonable efforts for the purpose”. As can be observed by the official codified definition, a hit and run does not always pertain to murder or grievous hurt, but to accidents at large. Section 161 also provides for compensation to the victims of the hit and run; twenty-five thousand rupees in case of death and twelve thousand and five hundred rupees in case of grievous hurt.

Section 134(a) of the Act requires the driver to secure medical attention to the injured persons immediately. And section 134(b) requires them to give the information about and relevant to the same to a Police officer as soon as possible. Failing these two duties, the driver will be punishable.[ii]

Statistics of Hit and Run cases

More than 20000 people lost their lives in Hit and Run cases in India alone.[iii] Hit-and-run cases accounted for 11.4% of all accidents in 2015, an increase from 10.9% in 2014, according to road transport ministry data. In a survey, they found that about 74% of respondents expressed unwillingness to assist victims of road accidents. According to a study Impediments to Bystander Care in India conducted by SaveLIFE Foundation, advocacy working for road safety, and TNS India, a global marketing research company, on July 2013. The SaveLife-TNS study also points to another study by the Indian Journal of Surgery published in 2006. There, it was found that 80% of road accident victims do not receive any medical care within the first or golden hour after the accident.

Problems in Hit and Run cases

The biggest issue in the cases of Hit and Run is the absence of any direct evidence. Usually, there is no hard evidence to put the culprit at the crime scene. This makes it very difficult for the Police to pursue the investigation. Sometimes due to the speeding vehicles and a lot of rush, even witnesses aren’t able to help with the investigation. Also, the witnesses often don’t want to be entangled in the legal framework. The Police have to rely on indirect pieces of evidence in such cases. The investigation requires very precise and careful monitoring of the crime scene.

The witnesses of the accident are also unwilling and reluctant to help the victims. This causes a lot of loss of life. In 2013, the Apex Court directed the Government to make laws for the protection of the Good Samaritans. However, even after these laws are made, they are available mostly on paper. In some states like Karnataka however, these laws hold much importance.[iv]

Conclusion

Hit and Run cases have come to the knowledge of most of the Indians after the infamous Salman Khan case in 2002. He was accused of driving his car onto the Footpath into a group of homeless people. One of them had died. There have been many high profile cases of Hit and Run over the years. And, many which couldn’t get as much attention.

The usual reason found behind these instances is Rash driving, On-road racing and Drink and drive. The victims, either injured or dead are left to suffer while the culprits run free. Even the compensation given to the victim is too low as termed by the Apex Court. A bill is pending in the Parliament to increase the same from 25000 rupees to 2 lakhs.

[i] Indian Penal Code 1860.

[ii] Motor Vehicles Act 1988.

[iii] Rahul Mohan  Sharma, ‘There were 7 Hit and Run cases every hour in 2015’ (Scroll.in, 5 August 2016) <https://scroll.in/article/813185/there-were-7-hit-and-run-cases-every-hour-in-india-in-2015> acessed 12 January 2019.

[iv] Karnataka Good Samaritan and Medical Professional (Protection and Regulation during Emergency Situations) Act.

Criminal Investigation Department – Powers

Introduction To Criminal Investigation Department

Contrary to popular belief, CID or the Criminal Investigation Department is a real and existing department within the Indian Police forces. However, it is not as dramatic as its media counterpart. The Criminal Investigation Department of a state serves as the intelligence or investigation wing for the respective state police forces. Moreover, It aids the police in dealing with certain types of cases. In short, it is an advanced version of the State Police Department. As said above, intelligence and investigation are two core function of any CID in a state. 

Functions of CID

As codified in Section – 410 of the Jharkhand/Bihar Police Manual; CID has several functions to execute. Such functions are distinct as of the Police Department’s function. Following are the functions of CID:-

Core Activities

• The collection of distribution of information relating to professional cases and classes of crime detailed below:-

1. dacoity;
2. highway, railway or mail robbery;
3. counterfeiting coin or stamps, forging notes, uttering of being in possession of counterfeit coins or stamps or forged notes;
4. drugging of poisoning by professional poisoners;
5. Swindling;
6. action against criminal gangs such as cases, under section 400 and 401, IPC and proceedings under sections 109 and 110, Cr.P.C.
7. professional criminals whose operations extend beyond the limits of a single district;
8. Such crimes about whom Inspector-General gives special orders.

• To control, advise or assists as circumstances require, in inquiries or investigations into crimes mentioned above. Moreover, in serious crimes where local authority seeks the help of CID with the approval of inspector general or Government of the state. Also, CID helps to inquire about the movements of foreign criminals and about such matters in which local police asks for help.
• In cases where crime includes forgery of telegraphic of railway receipts, postal frauds, the movements of foreign criminals and the like, the assistance of the department may be invoked or directed.

Investigating Squads and Offices

• CID sets up Specialized squads for investigation of cases. Officers in every squad investigate the cases connected with squads. The squads shall be of following types:-

1. Cheating and defalcation squad.
2. Forged note and counterfeiting squad.
3. Murder squad.
4. Railway Crime squad (see Rule 680)
5. Eve teasing prevention squad

• To do the work efficiently, the department requires certain types of offices. Whereas, such offices help in deducing the collected data to reach the conclusion. The following offices are attached to the department:–

1. Finger Print Bureau (Chapter 16),
2. Laboratory ( Appendix 25),
3. Photo Bureau ( Appendix 22),
4. Dog Squad ( Appendix 83) whose branches can be set up in other districts also,
5. Missing Persons Bureau ( Appendix 81), and
6. Juvenile Aid Bureau ( Appendix 82)

Powers of CID

In the dynamic environment, people are developing with every second passing. And they always come up with a new way of crime. For example, Advancement in technology resulted in Cyber Crime. Nevertheless, technology helps in achieving goals which were impossible earlier. Hence, it directly results in an increase in the complexity of crime and working conditions. Apart from all the functions of the Criminal Investigation Department, certain other powers are provided. Such powers of the Criminal Investigation Department are as follows:-

1. CID has the power to investigate, detect, and prosecute certain types of cases. Such cases are entrusted by the Government and Deputy General of Police.
2. It can conduct inquiries as per laid down procedure in prescribed situations i.e Civil or Criminal procedure code of India.
3. CID maintains data, updates crime and criminal information system. They also plan and organize criminal intelligence system. Moreover, they have also the power of maintaining records.
4. CID coordinates the investigation of related matters in the State with other States and National Institutions/Organizations. It also deals with crime investigation and maintenance of crime & criminal records.
5. Efficient, professional and independent functioning of SCRB ( State Crime Record Bureau), FPB (Finger Print Bureau) and their modernization.
6. In certain cases, CID advise, assist and report to Deputy General of Police and Government regarding the matters concerning investigation and prosecution.
7. CID gives information to Parliament and Assembly regarding crime on behalf of State Police. However, except that information which is purely administrative in nature.
8. In cases relating to Human trafficking, CID launches rescue operations and attend to post-rescue victim care and protection in coordination with the NGOs.
9. Maintains Database in r/o cases under trial, court disposals and court orders.
10. Also, they Examine and report on judgments given by subordinate courts for filing appeals.

Conclusion

With all the discussion above, we can say that CID is an important part of the state. However, its work is mostly behind the scenes. The functions of CID are as important as of the police department. However, in certain areas, where the police department has no authority, CID has the authority to control. Also, the power to maintain records of serious crime-criminal is a distinct feature of CID.

Simple Guidance For You In Section 323 Of The Indian Penal Code, 1860

INTRODUCTION TO IPC 323

The Indian Penal Code covers the offense of hurt under Chapter XVI, i.e., “Offences Affecting Life.” Section 323 punishes voluntary causing of hurt under the same.

The provision laid under Section 319 reads as: “Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.”

The important points for establishing an offense of under Section 319 are:

• Firstly, bodily pain caused should be physical. In other words, such pain should not be emotional or mental.
• Secondly, infirmity includes temporary mental impairment, hysteria, or terror.
• Thirdly, communicating diseases is also a cause of ‘hurt.’

The courts have taken a mixed approach to the third point. For example, in the case of R v. Clarence[1], there was a transfer of venereal disease from the husband to wife. The husband resisted from informing his wife in spite of knowing about his condition. Because if she had come to see, she would not have agreed for sexual intercourse. Contrarily, the court held that the husband was not guilty of causing ‘hurt.’

It is differentiated from the offense of ‘Grievous-Hurt[2]’. It is of a graver intensity as compared to ‘hurt’ and thus, lesser punishment is applicable in case of hurt.

VOLUNTARILY CAUSING HURT

A small case under Section 319 is not punishable. Thus, IPC demarcates a separate offense for hurting voluntarily or intentionally. Section 321 states: “Whoever does any act to thereby cause hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person, and does thereby cause hurt to any person, is said, “voluntarily to cause hurt.”

In Hanif Usmanbhai Kalva v. State of Gujarat[3], the court has discussed the essential ingredients which constitute the offense under section 323 IPC. These areas under:

1. “The accused caused hurt to another person;
2. He caused such hurt voluntarily;
3. S. 334 does not protect his act.”

Exception

Furthermore, these provisions under Section 321 is subject to Section 334 of the Indian Penal Code. Anyone who acts unintentionally or without any knowledge and causes hurt to a person who provoked him would have a reduced punishment as a result of lack of intention.

However, it is necessary here that the provocation must be grave and sudden.

Punishment

A person causing hurt voluntarily is punishable with an imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both under Section 323 IPC.

However, this punishment is subject to Section 334 which provides for imprisonment of either description for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both in case of doing the act under grave and sudden provocation.

Read Also: Voluntary Causing Hurt: Provision and Punishment

Other Forms Of Voluntarily Causing Hurt

1. Voluntarily Causing of Hurt by Dangerous Weapons or Means

Section 324 specifically defines ‘voluntarily causing of hurt by dangerous weapons or means’ as an offense. The special circumstances of voluntarily causing hurt laid down under Section 324 are by means of:

1. an instrument for shooting, stabbing or cutting, or
2. an instrument which, used as a weapon of offense, is likely to cause death, or
3. fire or any heated substance, or by means of any poison or any corrosive substance, or
4. explosive substance, or
5. the substance which is harmful to the human body to inhale, to swallow, to receive into the blood, or
6. any animal.

Likewise, imprisonment of either description for a term which may extend to three years, or with fine, or with both, is enforceable in case of voluntary hurt by dangerous means.[4] And it is also subject of Section 334.

2. Voluntary Hurt to Extort Property, Or To Constrain To An Illegal Act –

Voluntarily hurting a person to extort any property or valuable security from him or any person interested in him or constraining to do anything illegal is separately punishable with an imprisonment of either description for a term which may extend to ten years, and also relevant fine.[5]

3. Causing Hurt by Means of Poison to Commit an Offence – 

Section 328 of the IPC says that, whoever administers to or causes to be taken by any person any poison or any stupefying, intoxicating or unwholesome drug, or other thing with intent to cause hurt to such person, or with intent to commit or to facilitate the commission of an offence or knowing it to be likely that he will thereby cause hurt is an offender.

Furthermore, such an offense would be punishable with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.[6]

4. Voluntary Hurt to Extort Confession – 

Voluntarily hurting a person so as to extort any confession or information from either the sufferer or anyone interested, which may lead to the detection of an offence or misconduct and vice versa, is punishable with imprisonment of either description for a term which may extend to seven years, and also makes a person liable to fine.[7]

Illustration: Torturing a person in order to induce him to point out where certain stolen property is deposited makes a person guilty of an offense under Section 332.

5. Voluntary Hurt by Endangering Life in Public – 

Whoever hurts any person by doing any act so rashly or negligently as to endanger human life or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.[8]

CONCLUSION

Thus, intentional or voluntarily hurting anyone is a punishable offense. Section 323 of the IPC punishes it accordingly. In addition to this, several separate offenses are also formed in furtherance of a voluntary act.

[1] (1889) 22 QB 23.

[2] Section 322, Indian Penal Code 1860.

[3] Criminal Misc. Application No. 3120 of 2014.

[4] Supra note 2, Section 324.

[5] Ibid, S. 327.

[6] Ibid, S. 328.

[7] Ibid, S. 332.

[8] Ibid, S. 337.