Section 120 IPC: Concealing design to commit offence punishable with imprisonment

Indian Penal Code, 1860

Section 120 IPC at a Glance

Section 120 IPC deals with concealing design to commit offence punishable with imprisonment. It is triable by the Court by which offence abetted is triable; from 1 July 2024 it is replaced by Section 60 BNS.

Punishment

Imprisonment of the description provided for the offence for a term extending to one-fourth of the longest term if committed, or extending to one-eighth if not committed.

Bail depends on the underlying offence ⓘCognizance depends on the case ⓘNon-Compoundable ⓘ🏛️ Court by which offence abetted is triable ⓘ
BNS Equivalent

Section 60 →

Section 120 IPC Bare Act Text

120. Concealing design to commit offence punishable with imprisonment

Whoever, intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with imprisonment, voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design,

if offence be committed; if offence be not committed.—shall, if the offence be committed, be punished with imprisonment of the description provided for the offence, for a term which may extend to one-fourth, and, if the offence be not committed, to one-eighth, of the longest term of such imprisonment, or with such fine as is provided for the offence, or with both.

Source: Section 120, Indian Penal Code, 1860

Section 120 IPC in Simple Words

Section 120 of the Indian Penal Code (IPC) punishes any person who, intending to facilitate or knowing it to be 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 by any act or illegal omission, or makes any representation which he knows to be false respecting such design.

If the offence is committed, the offender is punished with imprisonment of the description provided for the offence for a term extending to one-fourth of the longest term, or with fine, or with both.

If the offence is not committed, the term extends to one-eighth of the longest term, or with fine, or with both.

Ingredients of Section 120 IPC

  • The existence of a design to commit an offence punishable with imprisonment
  • Voluntary concealment of the design by an act or illegal omission, or making a representation respecting the design known to be false
  • An intention to facilitate the commission of the offence, or knowledge that such conduct is likely to facilitate its commission

Punishment Under Section 120 IPC

Imprisonment

Imprisonment of the description provided for the offence for a term extending to one-fourth of the longest term if committed, or extending to one-eighth if not committed.

Fine

Fine as provided for the offence, as an alternative or in addition to imprisonment, where applicable under the relevant limb.

Bail depends on the underlying offence ⓘCognizance depends on the case ⓘNon-Compoundable ⓘ🏛️ Court by which offence abetted is triable ⓘ

The First Schedule provides two limbs. Bail follows the offence when the offence is committed, and the concealment is bailable when the offence is not committed. Cognizance and the trial court follow the offence designed in both limbs.

  • Cognizable: According as offence abetted is cognizable or non-cognizable
  • Bailable: According as the offence is bailable or non-bailable where it is committed; bailable where it is not committed

Under the IPC, concealing a design to commit an offence punishable with imprisonment carries up to one-fourth of the longest term if committed, or up to one-eighth if not committed, or fine, or both. Bail follows the offence if it is committed, and the concealment is bailable if it is not. Cognizance and the trial court follow the offence designed.

Example of Section 120 IPC

In Visakhapatnam in 2020, Tarun learned that his friend Nikhil had formed a design to commit house-trespass into the residence of Aravind that afternoon. House-trespass under Section 448 IPC was an offence punishable with imprisonment. Intending to facilitate the offence, Tarun falsely assured Aravind that Nikhil had travelled out of town, knowing that representation to be false. Relying on Tarun's assurance, Aravind left his front door unlocked, and Nikhil committed the house-trespass. Because Tarun made a false representation respecting the design, Tarun is punishable under Section 120 IPC.

When Section 120 IPC Does Not Apply

  • The planned offence was punishable exclusively with a fine and carried no sentence of imprisonment.
  • The accused neither intended to facilitate the commission of the offence nor knew that his conduct was likely to facilitate it.
  • The accused omitted to disclose the design when he was under no legal duty to speak, so there was no illegal omission, and he committed no concealing act or false representation.
  • The accused made a statement about the planned offence without knowing that the statement was false.

Section 120 IPC in the BNS

Section 120 IPC is now covered under Section 60 BNS.

Section 120 IPC is replaced by Section 60 BNS. Section 60 BNS sets out the two punishments as clauses a and b and drops the marginal words if offence be committed and if offence be not committed. The words by any act or illegal omission are kept. The fractions of one-fourth of the longest term if the offence is committed and one-eighth if it is not committed are unchanged.

View detailed comparison (IPC 120 vs BNS 60) →

FAQs on Section 120 IPC

What does Section 120 IPC say?▼

Section 120 IPC provides that whoever, intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with imprisonment, voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design, shall be punished according to whether the offence is committed or not committed.

What is the punishment under Section 120 IPC?▼

Where the offence is committed, punishment extends to one-fourth of the longest term of imprisonment provided for the offence, or with fine, or with both. Where the offence is not committed, the term extends to one-eighth of the longest term, or with fine, or with both.

Does Section 120 IPC mention encryption or information hiding tools?▼

No. Section 120 IPC reads by any act or illegal omission and says nothing of encryption, unlike Section 118 IPC and Section 119 IPC. Section 60 BNS keeps the same words.

Is an offence under Section 120 IPC cognizable?▼

Cognizability is conditional under the First Schedule to the CrPC, determined according as the offence abetted is cognizable or non-cognizable.

Is an offence under Section 120 IPC bailable?▼

Under the First Schedule to the CrPC, bail status is conditional: bail follows the offence if committed, and the offence is bailable if not committed.

Which court tries an offence under Section 120 IPC?▼

Under the First Schedule to the CrPC, the offence is triable by the court by which the offence abetted is triable.

Can an offence under Section 120 IPC be compounded?▼

No. Section 120 IPC is not listed in Section 320 CrPC, so it cannot be compounded.

Which provision of the Bharatiya Nyaya Sanhita corresponds to Section 120 IPC?▼

Section 60 BNS corresponds to Section 120 IPC, dividing the penalty provisions into clauses a and b while preserving the substantive elements and fractional penalties without change.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·