120 b
kuldeep kumar
(Querist) 10 July 2011
This query is : Resolved
this section is based on discrimination in as much as it says punishment shall be as like an abettor.day and night diffrence between engagement and agreement.support negative & positive
kuldeep kumar
(Querist) 11 July 2011
.if 2 persons r engaged in crime it means there mayor may not be an agreement.and if 2 persons are agreed upon doing some crime then it is presumed that they must have been already engaged.a b c agree to commit a crime they must ne punished u/s120b.if c' involvment is also proved but not as if he agreed with them but he was engaged say for peforming any other task connected with crime.problem is c is punished under 109 which is punishment for conspiracy.i m wrong here bcs if his agreement is not proved how can he be put at par with a b c.for dealing with such situation abetment by conspiracy is there which will cover c.c can not be left unpunished.the reason for not covering 2nd part of 120b results in lesser punishment being given which is 6 month under 120b.agreement=engagement(120b ist part=109...if i were the maker of ipc i wud cover 2nd part with 109...less than 2 year offence also to be taken seriously and full punishment should be provided as in abetment where no experess provision is made i.e 109.
