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Indian Penal Code 1860 s 120 B - Summary
Main Points and Insights
- Section 120-B IPC defines criminal conspiracy, making it an independent offence punishable under the IPC. It involves an agreement between two or more persons to commit an illegal act or a legal act by illegal means State of U. P. (Now State of Uttarakhand) VS Veerbal Singh Rawal & Ors. - Allahabad, Parminder Singh VS State of Punjab - Punjab and Haryana.
- Legal Proceedings & Cases:
- Courts have dealt with cases where Section 120-B is invoked alongside other sections like 302 (murder), 420 (cheating), 468 (forgery), 471 (using forged document), and 13(1)(d) (prevention of corruption) State of U. P. (Now State of Uttarakhand) VS Veerbal Singh Rawal & Ors. - Allahabad, Surender Singh Alias Tinku And Others VS State Of Haryana - Punjab and Haryana, Murari Lal Tayal VS Central Bureau Of Investigation - Punjab and Haryana.
- Courts have emphasized that conspiracy under 120-B is an independent offence that requires specific evidence of an agreement to commit a crime Parminder Singh VS State of Punjab - Punjab and Haryana.
- Evidence & Proof:
- General evidence related to conspiracy can suffice for charges under 120-B, but the prosecution must establish the existence of a conspiracy beyond reasonable doubt Parminder Singh VS State of Punjab - Punjab and Haryana.
- Certificates under Section 65-B of the Indian Evidence Act are sometimes required for electronic evidence, and their absence can impact the case Surender Singh Alias Tinku And Others VS State Of Haryana - Punjab and Haryana.
- Legal Challenges & Remedies:
- Courts have quashed FIRs or dismissed cases involving 120-B when procedural or evidentiary issues arise, such as lack of proper evidence or jurisdiction Y. N. Kashyap VS CBI - Delhi, Murari Lal Tayal VS Central Bureau Of Investigation - Punjab and Haryana.
- Anticipatory bail is granted in some cases involving 120-B, depending on the circumstances and evidence Bhunesh VS State Of Haryana - Punjab and Haryana, Mayank Khatri VS State NCT of Delhi - Delhi.
- Quashing of proceedings under Section 482 of the Criminal Procedure Code is also seen where the case lacks merit or proper evidence Murari Lal Tayal VS Central Bureau Of Investigation - Punjab and Haryana.
Analysis and Conclusion
Section 120-B IPC plays a crucial role in prosecuting criminal conspiracy, which is considered an independent and substantive offence. Its effective application depends on establishing a clear agreement among accused persons to commit unlawful acts. Courts have maintained a cautious approach, requiring sufficient evidence to prove conspiracy beyond doubt, and have used procedural tools like quashing or bail to ensure fairness. Overall, Section 120-B IPC remains a vital provision for tackling organized or collusive criminal activities, with judicial decisions emphasizing the importance of proper evidence and procedural compliance.
References: - State of U. P. (Now State of Uttarakhand) VS Veerbal Singh Rawal & Ors. - Allahabad - Surender Singh Alias Tinku And Others VS State Of Haryana - Punjab and Haryana - Motorola Incorporated VS Union of India & others - Bombay - Y. N. Kashyap VS CBI - Delhi - Nasib Singh VS Paramjit Kaur - Punjab and Haryana - Bhunesh VS State Of Haryana - Punjab and Haryana - Ram Yatan Singh @ Ram Jatin Singh VS State Of Bihar - Patna - Parminder Singh VS State of Punjab - Punjab and Haryana - Mayank Khatri VS State NCT of Delhi - Delhi - Murari Lal Tayal VS Central Bureau Of Investigation - Punjab and Haryana
Search Results for "Indian Penal Code 1860 s 120 B Indian Penal Code 1860 s 120 B"
2010 0 Supreme(All) 3531 • India - Allahabad
PRAFULLA C.PANT, NIRMAL YADAV
Indian Penal Code, 1860. ... Acquittal - Criminal Procedure - Code of Criminal Procedure, 1973 - Section 378, Indian Penal Code, 1860 - Section 302/34, 120 ... -B - [Section 378, Indian Penal Code, 1860 - Section 302/34, 120-B] Fact of the Case: The appeal was filed against the ... -B of the Indian Penal Code, 1860 (for short IPC). ... The learned Additional Sessions Judge, Hardiwar, on 12.09.199....
2019 0 Supreme(P&H) 1939 • India - Punjab and Haryana
RAJIV SHARMA, HARINDER SINGH SIDHU
IPC - Criminal Conspiracy - Sections 364, 302, 201, 120-B, 34 IPC and Section 27/54/59 of the Arms Act - The judgment discusses ... In his cross-examination, he admitted that he has not submitted in his evidence the certificate as required under Section 65-B of the Indian Evidence Act. 18. ... Appellants Surender Singh alias Tinku, Anil, Amit alias Sunda and Vikas alias Chotiya were charged with and tried for the offence punishable under Sections 364, 302, 201, 120-B, 34 IPC and Secti....
2003 0 Supreme(Bom) 890 • India - Bombay
J.A.PATIL
Indian Penal Code, 1860 - Sections 120-B, 415 and 420 - Cheating. - Since juridical person like a company or corporation cannot commit ... ... Indian Penal Code, 1860 - Sections 120-B, 415 and 420 - Cheating ... Penal Code, 1860 - Sections 120-B, 415 and 420 - Cheating. - Since complaint not becoming bad, cannot be quashed on ground of lack ... The learned Magistrate therefore, sent all the summonses addressed to the accused to the Indian#....
2012 0 Supreme(Del) 452 • India - Delhi
SURESH KAIT
FIR - Quashing - Indian Penal Code, 1860, Prevention of Corruption Act - 120-B, 420, 467, 468, 471, 13(2), 13(1)(d) Fact ... -B Indian Penal Code, 1860 read with Section 420, 467, 468, 471 Indian Penal Code, 1860 and Section 13(2) read with Section 13(1) ... Case: The petitioners sought to quash FIR No.RC-0712009(E) 0002 dated 13.02.2009 at PS EOW-II, registered under Section 120 ... Rakesh Khanna, ld. senior counsel for the petitioners submits that....
2016 0 Supreme(P&H) 2161 • India - Punjab and Haryana
DARSHAN SINGH
5, Limitation Act] - [Fatal Accident Compensation] - [Indian Penal Code, 1860 - Sections 302, 120-B, 148, 149] - [Code of Criminal ... Code, 1860, including Sections 302, 120-B, 148, and 149. ... Limitation Act - Condoning Delay - Fatal Accident Act - Indian Penal Code, 1860 - Code of Criminal Procedure, 1908 - [Section ... The criminal case bearing FIR No. 97 dated 06.08.2002, for the offences under Sections 302, 120-B, 148, 149 of the Ind....
2022 0 Supreme(P&H) 469 • India - Punjab and Haryana
VIKAS BAHL
Anticipatory Bail - Criminal Procedure Code - Indian Penal Code, 1860 - 420, 467, 468, 471, 120-B - The court dismissed the second ... -B of the Indian Penal Code, 1860, registered at Police Station Samalkha, District Panipat. ... for the grant of anticipatory bail to the petitioner in case FIR No.134 dated 08.03.2021, under Sections 420, 467, 468, 471 and 120 ... (Oral). - Prayer in the present petition is for grant of anticipatory bail to the petitioner in FIR No. 134 dated 08.03.202....
2005 0 Supreme(Pat) 1023 • India - Patna
MRIDULA MISHRA
dues-Petitioner superannuated after completing 33 years of service-Criminal Proceeding started against the petitioner u/s 409/1208 IPC ... Case was instituted against Suresh Prasad Singh, Manager and the petitioner for the offence under Secs. 409 and 120 (B) of the Indian Penal Code, 1860 . ... After investigation police submitted chargesheet under Secs. 409/120 (B) of the Indian Penal Code, 1860 , 30.12.1999 against Suresh Prasad Singh but final form was submitted ag....
2013 0 Supreme(P&H) 162 • India - Punjab and Haryana
MEHINDER SINGH SULLAR
(Para 20) ... (B) Indian Penal Code, 1860, S.120-B--Criminal Conspiracy ... --Offence of criminal conspiracy punishable under Section 120-B IPC is an independent offence and some general evidence pertaining ... Penal Code, 1860, Ss.420 & 468. ... The offence of criminal conspiracy punishable under Section 120-B IPC is an independent offence and some general evidence pertaining to the conspiracy would be sufficient, to form part of the charge of consp....
2023 0 Supreme(Del) 4749 • India - Delhi
SAURABH BANERJEE
-B/34 of the Indian Penal Code, 1860. ... BAIL - Criminal Procedure - Code of Criminal Procedure, 1973 - Section 439 - Indian Penal Code, 1860 - Sections 506/341/308/120 ... bail to the applicant under Section 439 of the Code of Criminal Procedure, 1973 in a case registered under Sections 506/341/308/120 ... .: Keshav Puram, Delhi under Sections 506/341/308/120-B/34 of the Indian Penal Code, 1860 (IPC). 2. As pe....
2019 0 Supreme(P&H) 364 • India - Punjab and Haryana
DAYA CHAUDHARY
the Code of Criminal Procedure, 1973, and the relevant sections of the Indian Penal Code, 1860, including 120-B, 420, 471, and the ... Section 482 - Quashing of Summoning Order - Code of Criminal Procedure, 1973, Indian Penal Code, 1860, Prevention of Corruption ... Act, 1988 - 120-B, 420, 471, 13(1)(d), 13(2) - Summary of Acts and Sections: The court discussed the provisions of Section 482 of ... RCCHG-2015 A0019 dated 15.09.2015 under Section 120-B read with Section....
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