IPC Section 120: Concealing Design to Commit an Offence Punishable with Imprisonment

Section 120 of the Indian Penal Code, 1860 dealt with intentionally or knowingly facilitating an offence punishable with imprisonment by concealing the existence of a design to commit it, or by knowingly making a false representation about that design.

Scope of this article: This page explains Section 120 IPC as applicable before implementation of the Bharatiya Nyaya Sanhita, 2023. It is retained as an IPC-era reference and should be read according to the law applicable to the date of the alleged conduct.

What did Section 120 IPC provide?

Section 120 addressed concealment of a plan or design to commit an offence punishable with imprisonment. Liability depended not merely on knowing about the design, but on the prescribed intention or knowledge and on voluntary concealment by an act or illegal omission, or a knowingly false representation concerning the design.

Section 120 - Concealing design to commit offence punishable with imprisonment

In substance, the provision applied where a person, intending to facilitate or knowing it to be likely that the person would thereby facilitate an offence punishable with imprisonment, voluntarily concealed by an act or illegal omission the existence of a design to commit that offence, or knowingly made a false representation respecting that design.

If the contemplated offence was committed, the imprisonment could extend to one-fourth of the longest term of imprisonment provided for that offence. If it was not committed, the imprisonment could extend to one-eighth of that longest term. The provision also permitted the fine provided for the offence, or both imprisonment and fine.

Essential ingredients of Section 120 IPC

For Section 120 to apply, the statutory elements had to be examined together. The provision contemplated:

A design to commit an offence: there must be a design concerning an offence punishable with imprisonment.
Intention or knowledge: the person must intend to facilitate the commission of the offence, or know that the conduct is likely to facilitate it.
Voluntary concealment: the design must be voluntarily concealed by an act or by an illegal omission; alternatively, the person may knowingly make a false representation respecting the design.
Connection with facilitation: the concealment or false representation must operate within the statutory requirement of intended or knowingly likely facilitation.
Commission affects punishment: the maximum fraction of the underlying imprisonment differs depending on whether the planned offence is ultimately committed.

What is an illegal omission?

Under the IPC framework, an omission can attract criminal liability where the law imposes a duty to act and the omission is legally prohibited. Section 120 expressly included voluntary concealment accomplished by an illegal omission, so concealment was not confined to a positive physical act.

Knowingly false representation about the design

Section 120 also covered a person who made a representation about the design while knowing that representation to be false, provided the required intention to facilitate or knowledge of likely facilitation was present. Thus, the statutory provision was capable of applying both to concealment and to deliberate misinformation concerning the planned offence.

Punishment under Section 120 IPC

Situation	Maximum imprisonment under Section 120 IPC	Fine
The contemplated offence is committed	Up to one-fourth of the longest term of imprisonment provided for that offence, of the description provided for the offence.	Such fine as is provided for the offence, or imprisonment and fine.
The contemplated offence is not committed	Up to one-eighth of the longest term of imprisonment provided for that offence.	Such fine as is provided for the offence, or imprisonment and fine.

Key point: Section 120 did not prescribe one fixed term of imprisonment. Its maximum imprisonment was calculated by reference to the longest imprisonment provided for the offence whose design was concealed.

Section 120 IPC is different from criminal conspiracy

Section 120 should not be confused with Sections 120A and 120B IPC. Section 120 concerned concealment of a design to commit an imprisonable offence. Section 120A, which followed it in the Code, defined criminal conspiracy, while Section 120B prescribed punishment for criminal conspiracy.

Frequently asked questions

Does mere knowledge of a planned offence automatically amount to Section 120 IPC?

The statutory language required more than the bare existence of information. It required the specified intention to facilitate, or knowledge that facilitation was likely, together with voluntary concealment by act or illegal omission or a knowingly false representation concerning the design.

Can Section 120 IPC apply when the planned offence is never committed?

Yes. The provision expressly prescribed punishment even when the contemplated offence was not committed, although the maximum imprisonment in that situation was one-eighth of the longest term provided for the contemplated offence.

What happens if the planned offence is actually committed?

If the offence is committed, Section 120 permitted imprisonment of the description provided for that offence for a term extending up to one-fourth of its longest prescribed imprisonment, or the fine provided for the offence, or both.

Is Section 120 the criminal conspiracy provision?

No. Section 120 dealt with concealing a design to commit an offence punishable with imprisonment. Criminal conspiracy was separately dealt with in Sections 120A and 120B IPC.

Legal reference: This article presents the Indian Penal Code position before implementation of the Bharatiya Nyaya Sanhita, 2023. For an alleged act, the applicable law should be determined with reference to the date and circumstances of the conduct.