If the person involved in the conspiracy is involved in a criminal conspiracy to commit an offense punishable with imprisonment for a term which may extend to life imprisonment or with imprisonment of either description for a term which may extend to two years or more, he shall also be liable to punishment under section 120B as the person who committed the offense.
IPC Section 120b and 34 – Common conspiracy to commit any offense comes under the category of crime. In such cases, there is a provision of sections 120A and 120B of the Indian Penal Code i.e. IPC. In any case, where the number of accused is more than one, the police FIR usually mentions section 120A. It is not necessary that the accused committed the crime himself. Involvement in any conspiracy is also a crime in the eyes of law.
In such a case, if the person involved in the conspiracy is involved in a criminal conspiracy to commit an offense punishable with imprisonment for life or with rigorous imprisonment for a term of two years or more, then he will also be punished under section 120B equal to that of the person who committed the offense. In other cases, the punishment may be imprisonment up to six months or a fine, or both.
(1) Whoever is involved in a criminal conspiracy to commit an offense punishable with death, imprisonment for life, or rigorous imprisonment for a term of two years or more, shall, if there is no express provision in this Code for the punishment of such conspiracy, in the same manner, shall be punished as if he had abetted such offense.
(2) Whoever is involved in a criminal conspiracy other than a criminal conspiracy to commit an offense punishable as aforesaid, shall be punished with imprisonment of either description for a term which shall not exceed six months, or with fine, or with both. from, will be punished.
What is section 34 of IPC?
This section deals with offenses committed by more than one person with common intention. If two or more persons do an act jointly, the situation under the law shall be the same as if the act was done by each of them individually.
For example, four people together want to hurt someone and for this, they leave their place and reach the place where that person is present, as soon as that person is seen, one of the four of them hits him with a stick. Attacks the head, the person takes the stick in his hand to avoid falling on the head and runs away screaming seeing the four men in front. By the time the attackers can catch him, the people around gather, seeing which the four attackers run away.
Here only one person has done the act of hurting the injured person, because of this only he has committed the offense of section 323 IPC, but the other three persons were together with the intention of hurting that person, so all three of them also attacked with sticks. They are the same criminals because they had the same general intent. When they are prosecuted, section 34 will also be charged along with section 323. If everyone is punished in that charge, then everyone will get the same punishment as the person who attacked with a stick.