IPC Section 120A: Definition of Criminal Conspiracy and BNS Section 61
Criminal conspiracy concerns an agreement between at least two persons to pursue an unlawful object or to achieve an otherwise lawful object through illegal means. Former IPC Section 120A defined the offence; Section 61 of the Bharatiya Nyaya Sanhita, 2023 (BNS) now combines the definition and punishment of criminal conspiracy.
What did IPC Section 120A provide?
Under Section 120A of the Indian Penal Code, 1860, when two or more persons agree to do, or cause to be done, either of the following, the agreement is designated a criminal conspiracy:
- An illegal act; or
- An act that is not illegal, by illegal means.
Proviso: Except for an agreement to commit an offence, an agreement does not amount to a criminal conspiracy unless one or more parties do some act in pursuance of that agreement.
Explanation: It does not matter whether the illegal act is the ultimate objective of the agreement or is merely incidental to that objective.
BNS Section 61: Current provision on criminal conspiracy
Section 61(1) of the Bharatiya Nyaya Sanhita, 2023 substantially retains the definition formerly contained in IPC Section 120A. It covers an agreement between two or more persons to commit an illegal act or a lawful act by illegal means, subject to the statutory proviso concerning an act in pursuance of the agreement.
Section 61(2) provides the punishment. Where the conspiracy is to commit an offence punishable with death, imprisonment for life, or rigorous imprisonment for a term of two years or upwards, and no express provision governs its punishment, a party to the conspiracy is punished in the same manner as if the party had abetted that offence. For other criminal conspiracies, punishment may extend to six months' imprisonment, or fine, or both.
Essential ingredients of criminal conspiracy
- Two or more persons: A conspiracy requires an agreement involving at least two persons.
- Meeting of minds: The parties must agree on the unlawful object or the use of illegal means; mere knowledge or association is not enough by itself.
- Unlawful object or means: The agreement must involve an illegal act or an act achieved by illegal means.
- Overt act when required: For an agreement other than one to commit an offence, an act in pursuance of the agreement is required by the statutory proviso.
Is an overt act always necessary?
No. The statute distinguishes an agreement to commit an offence from other agreements involving illegality. An agreement to commit an offence can itself complete the conspiracy, even if the contemplated offence is not carried out. For other forms of agreement falling within the definition, at least one party must perform an act in pursuance of the agreement.
Punishment: IPC Section 120B and BNS Section 61(2)
| Nature of conspiracy | General punishment rule under BNS Section 61(2) |
|---|---|
| Conspiracy to commit an offence punishable with death, life imprisonment, or rigorous imprisonment for at least two years | Where no express punishment provision applies, punishment is as if the accused had abetted the offence. |
| Other criminal conspiracy | Imprisonment up to six months, or fine, or both. |
The applicable sentence depends on the particular offence, other specific statutory provisions and the facts established in court.
Illustrative examples
Example 1: Agreement to commit an offence
A and B agree to commit a robbery. Their agreement may constitute criminal conspiracy even if they are arrested before attempting the robbery. Proof of the agreement and the required mental element remains necessary.
Example 2: Lawful objective by illegal means
A and B agree to obtain a lawful commercial contract by falsifying required records. If an act is done in pursuance of that agreement, the conspiracy provision may apply, depending on the precise offences and evidence.
How is criminal conspiracy proved?
The prosecution must establish the agreement and its unlawful object or means beyond reasonable doubt. An agreement may be inferred from proven conduct and surrounding circumstances; direct evidence of an express agreement is not invariably available. Suspicion, acquaintance or presence at a location does not by itself establish a criminal conspiracy.
Difference between criminal conspiracy and abetment
Criminal conspiracy under BNS Section 61 addresses an unlawful agreement. Abetment under BNS Sections 45 and 46 includes instigation, conspiracy accompanied by the act or illegal omission required under the abetment provision, and intentional aid. The statutory elements are not identical; the applicable charge depends on the facts.
Frequently asked questions
Is IPC Section 120A still the current provision?
For conduct governed by the new criminal law from 1 July 2024, the corresponding provision is BNS Section 61. IPC Section 120A may still be relevant for earlier conduct, subject to applicable legal transition rules.
Can a conspiracy exist if the planned offence never occurs?
Yes. An agreement to commit an offence can constitute criminal conspiracy even if the offence is not ultimately committed.
Does every agreement involving an illegal act require a further act?
No. The statutory proviso exempts agreements to commit an offence from the further-act requirement. Other qualifying agreements require an act in pursuance of the agreement.
Official legislation and references
- Bharatiya Nyaya Sanhita, 2023 - official Act PDF (India Code), especially Section 61.
- India Code - official central legislation portal (Indian Penal Code, 1860, Sections 120A and 120B).
- Ministry of Home Affairs - criminal law commencement notifications and related material.
This article provides general legal information and is not a substitute for advice on a specific case.