What is IPC Section 120?
IPC Section 120 deals with concealing a design to commit an offence punishable with imprisonment. It applies when a person intends to facilitate, or knows that the concealment is likely to facilitate, the commission of such an offence.
The provision covers two forms of conduct. A person may voluntarily conceal the existence of the design by an act or illegal omission. A person may also make a representation about the design that he knows to be false.
Example of IPC Section 120
For example, a person who is aware of a planned robbery and deliberately conceals that design, intending to facilitate the robbery, may attract Section 120 if the statutory requirements are satisfied.
Important Update: IPC to BNS Transition
The Indian Penal Code was replaced by the Bharatiya Nyaya Sanhita, 2023 for offences governed by the new criminal law from 1 July 2024. The corresponding provision is BNS Section 60.
Legal Provision – Text of Section 120 IPC
If the offence is committed, the punishment may extend to one-fourth of the longest term of imprisonment provided for that offence. If the offence is not committed, the punishment may extend to one-eighth of the longest term. Fine, or both imprisonment and fine, may also apply as provided by the section.
Punishment Under IPC Section 120
Section 120 provides different punishment depending on whether the concealed offence is committed.
| Situation | Legal Position |
|---|---|
| If the offence is committed | Imprisonment up to one-fourth of the longest term provided for the offence, or fine as provided for the offence, or both |
| If the offence is not committed | Imprisonment up to one-eighth of the longest term provided for the offence, or fine as provided for the offence, or both |
| Cognizable | According as the concealed offence is cognizable or non-cognizable |
| Bailable | If the offence is committed, according as the concealed offence is bailable or non-bailable; if not committed, bailable |
| Trial | Court by which the concealed offence is triable |
| Compoundable | Non-compoundable |
| BNS equivalent | Section 60 |
Important: The classification depends on the offence whose design was concealed. Therefore, the exact cognizability, bail status and trial court must be determined from the facts and the underlying offence.
Key Ingredients / Essential Elements of IPC Section 120
There is a design to commit an offence
The concealed design must relate to an offence punishable with imprisonment.
Knowledge or intention
The person must intend to facilitate the offence or know that concealment is likely to facilitate its commission.
Voluntary concealment or false representation
The person must conceal the design by an act or illegal omission, or make a representation known to be false about the design.
The result affects punishment
The punishment differs depending on whether the offence whose design was concealed is actually committed.
Complainant / Accused in an IPC Section 120 Case
If You Are the Complainant
- Record how the alleged design and its concealment came to your knowledge.
- Preserve lawful messages, documents, recordings and other relevant evidence.
- Identify witnesses who can establish the design, knowledge or alleged concealment.
- Seek legal assistance to determine the underlying offence and applicable procedure.
If You Are Accused
- Obtain legal representation at the earliest stage.
- Examine whether there is reliable evidence of an underlying criminal design.
- Assess whether you actually knew of the design or intended to facilitate it.
- Preserve evidence showing the true context of any alleged omission or representation.
Why the Underlying Offence Matters
Section 120 links punishment and procedural classification to the offence whose design was allegedly concealed. The nature of that underlying offence is therefore important.
Complaint & Process in an IPC Section 120 Case
Report the Alleged Conduct
The alleged concealment may be brought before the appropriate authority, with relevant evidence preserved.
Identify the Underlying Design
The facts must establish the offence that was allegedly intended and the existence of a design to commit it.
Examine Knowledge or Intention
The evidence is examined to determine whether the accused intended to facilitate the offence or knew concealment was likely to facilitate it.
Determine Whether the Offence Was Committed
The final punishment and procedural classification depend in part on whether the concealed offence was committed.
Important Principles on IPC Section 120
Concealment Must Be Linked to Facilitation
The provision requires an intention to facilitate, or knowledge that concealment is likely to facilitate, the commission of the offence.
Act, Illegal Omission or False Representation
Section 120 covers voluntary concealment through an act or illegal omission and also a representation known to be false respecting the design.
IPC 120 and BNS 60
BNS Section 60 carries the corresponding provision on concealing a design to commit an offence punishable with imprisonment.