Penal Code Section 120B Details: Bailable/Non-bailable, Cognizable/Non-cognizable

A) Details:

Section 120B of the Bangladesh Penal Code, 1860 deals with the offence of criminal conspiracy. This section states that when two or more persons agree to do an illegal act, or legal act by illegal means, or an act which is not illegal by illegal means, then they are guilty of the offence of criminal conspiracy.

B) Punishment:

The punishment for the offence of criminal conspiracy under Section 120B of the Bangladesh Penal Code is imprisonment for a term which may extend to six months or a fine, or both.

C) Bailable or Non-bailable:

The offence of criminal conspiracy under Section 120B of the Bangladesh Penal Code is a bailable offence, which means that the accused can apply for bail and can be released on bail as per the discretion of the court.

D) Cognizable or non-cognizable offense:

The offence of criminal conspiracy under Section 120B of the Bangladesh Penal Code is a non-cognizable offence, which means that the police cannot arrest the accused without a warrant, and they cannot investigate the case without the permission of the court.

E) Offence ingredients:

The ingredients of the offence of criminal conspiracy under Section 120B of the Bangladesh Penal Code are:

1. There must be an agreement between two or more persons.
2. The agreement must be to do an illegal act, or legal act by illegal means, or an act which is not illegal by illegal means.

F) What need to be proved:

To prove the offense of criminal conspiracy under Section 120B of the Bangladesh Penal Code, it is essential to prove the following:

1. The agreement between two or more persons.
2. The agreement was to do an illegal act, or a legal act by illegal means, or an act that is not illegal by illegal means.
3. The accused had the intention to commit the illegal act, or a legal act by illegal means, or an act which is not illegal by illegal means.

F) Defence:

The defenses available for the offense of criminal conspiracy under Section 120B of the Bangladesh Penal Code are:

1. No agreement: If the prosecution fails to prove that there was an agreement between two or more persons, then the accused cannot be convicted of the offense of criminal conspiracy.
2. Withdrawal from conspiracy: If any member of the conspiracy voluntarily withdraws from the conspiracy before the commission of the offense and communicates the same to other members, then such member shall not be liable for the offense of criminal conspiracy.