Section Overview
Section Number:
IPC Section 120
Section Title:
Concealing Design to Commit Offence Punishable with Imprisonment
Act:
Indian Penal Code, 1860 (IPC)
Status:
Replaced under the Bharatiya Nyaya Sanhita (BNS), 2023
Applicability:
IPC Section 120 applies when:
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A person knows about a plan or design to commit an offence punishable with imprisonment.
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The person voluntarily conceals that information.
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The concealment is intended to facilitate the commission of the offence or is likely to facilitate it.
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The offence is not one covered under Sections 118 or 119.
The section serves as a general provision covering concealment of plans relating to offences punishable with imprisonment.
Original Law Text (Simplified)
Whoever, intending to facilitate or knowing it likely that he will thereby facilitate the commission of an offence punishable with imprisonment, voluntarily conceals the existence of a design to commit such offence, shall be punished.
The punishment varies depending on whether the offence is committed and the severity of the offence.
Section Explanation
Simple Explanation (Plain English/Hinglish)
IPC Section 120 ka simple matlab hai:
Agar kisi vyakti ko pata hai ki koi crime hone wala hai aur wo jaan-boojhkar us information ko chhupa leta hai, to uske khilaf action liya ja sakta hai.
Yeh section un offences ke liye hai jo imprisonment se punishable hain.
For example:
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A ko pata hai ki B theft karne wala hai.
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A ko fraud ki planning ka knowledge hai.
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A ko illegal trespass ki advance information hai.
Agar A information jaan-boojhkar chhupa leta hai aur usse crime facilitate hota hai, to IPC Section 120 apply ho sakta hai.
Legal Definition
The section requires:
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Knowledge of a criminal design.
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Voluntary concealment.
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Intention to facilitate the offence or knowledge that concealment is likely to facilitate it.
Thus, the offence is based on deliberate concealment rather than active participation.
Practical Interpretation
Courts generally examine:
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Whether the accused knew about the planned offence.
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Whether concealment actually occurred.
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Whether the concealment was voluntary.
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Whether the accused intended to assist the offender.
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Whether the concealment increased the likelihood of the offence being committed.
Mere rumors or assumptions are generally insufficient.
Actual knowledge must ordinarily be established.
Essential Ingredients of IPC Section 120
Knowledge
The accused must know about a planned offence.
Offence Punishable with Imprisonment
The intended offence must be punishable under law with imprisonment.
Concealment
The information must be hidden or suppressed.
Voluntary Act
The concealment must be intentional.
Facilitation
The concealment must be intended to facilitate the offence or likely to facilitate it.
Why IPC Section 120 Was Introduced?
The legislature recognized that:
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Criminals often rely on secrecy.
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Planned offences can sometimes be prevented through disclosure.
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Persons who conceal important information may indirectly assist offenders.
Without Section 120:
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Individuals could deliberately help offenders through silence.
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Law enforcement would face difficulties in preventing crimes.
The provision therefore promotes public responsibility and crime prevention.
Difference Between Sections 118, 119 and 120
Section 118
Deals with concealment relating to offences punishable with death or life imprisonment.
Section 119
Applies to public servants who conceal plans to commit offences they are duty-bound to prevent.
Section 120
Acts as a general provision covering other offences punishable with imprisonment.
Thus, Section 120 fills the gap left by Sections 118 and 119.
Nature of the Offence
The section does not punish the underlying offence itself.
Instead, it punishes:
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Concealment,
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Non-disclosure,
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Suppression of information.
The focus is on the accused's conduct after acquiring knowledge of the criminal design.
Importance in Criminal Law
Section 120 reflects the principle that:
Individuals should not knowingly assist criminal activity through silence.
By criminalizing deliberate concealment, the law seeks to prevent offences before they occur.
Punishment & Legal Classification
Punishment
The punishment depends upon:
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The seriousness of the intended offence.
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Whether the offence is actually committed.
Generally, punishment may include:
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Imprisonment,
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Fine,
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Or both.
The exact extent varies according to the underlying offence.
Bailable / Non-Bailable
Depends on procedural classification and circumstances.
Cognizable / Non-Cognizable
Depends upon applicable criminal procedure provisions.
Compoundable
Generally non-compoundable.
Triable By
Court having competent jurisdiction.
IPC ↔ BNS Mapping
IPC Section
IPC Section 120
BNS Equivalent
The Bharatiya Nyaya Sanhita continues to recognize criminal liability for concealment of information relating to planned offences.
Status
IPC repealed and replaced by BNS.
The underlying legal principle remains substantially preserved.
Real-Life Examples
Example 1: Planned Theft
A learns that B intends to steal goods from a warehouse.
A intentionally hides the information.
The concealment may attract Section 120.
Example 2: Fraud Scheme
A knows about a planned cheating operation.
Instead of informing authorities, A suppresses the information.
Section 120 may apply.
Example 3: Criminal Trespass
A becomes aware of a planned illegal entry onto private property.
A conceals the information despite knowing its criminal nature.
Liability may arise under this section.
Landmark Judgments
Case Name:
State of Maharashtra v. Som Nath Thapa
Court:
Supreme Court of India
Key Takeaway:
The Court discussed the importance of knowledge and intention in criminal liability.
Case Name:
Kehar Singh v. State (Delhi Administration)
Court:
Supreme Court of India
Key Takeaway:
The Court emphasized that criminal responsibility often depends upon knowledge and participation.
Case Name:
Chitresh Kumar Chopra v. State (NCT of Delhi)
Court:
Supreme Court of India
Key Takeaway:
The judgment highlighted the importance of intentional conduct in offences involving facilitation and encouragement.
Legal Insights
When Is This Section Applied?
Section 120 is commonly applied when:
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A person knows of a planned offence.
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The offence is punishable with imprisonment.
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Information is intentionally concealed.
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The concealment facilitates criminal activity.
Common Misuse Scenarios
Mere Suspicion
Suspicion alone is insufficient.
Actual knowledge is generally required.
No Intentional Concealment
Failure to report due to misunderstanding may not attract liability.
Lack of Evidence
The prosecution must prove concealment.
False Allegations
A person may be wrongly accused after an offence occurs.
Defenses Available
No Knowledge
The accused did not know about the criminal design.
No Concealment
No information was intentionally hidden.
No Criminal Intent
The concealment was not intended to facilitate the offence.
Insufficient Evidence
The prosecution cannot prove the necessary ingredients.
False Implication
The allegations are fabricated.