IPC Section 120A: Definition of Criminal Conspiracy and BNS Section 61
Criminal conspiracy is an agreement between two or more persons to commit an illegal act, or to accomplish an act that is not itself illegal by illegal means. This guide explains the former IPC Section 120A and the corresponding current provision, Section 61 of the Bharatiya Nyaya Sanhita, 2023 (BNS).
What is criminal conspiracy under IPC Section 120A?
Section 120A of the Indian Penal Code, 1860 defined criminal conspiracy as an agreement of two or more persons to do, or cause to be done:
- An illegal act; or
- An act which is not illegal, by illegal means.
The statutory proviso distinguishes an agreement to commit an offence from other conspiracies. Where the agreement itself is to commit an offence, the agreement can be sufficient. For other agreements within the definition, an act beyond the agreement must be done by one or more parties in pursuance of it.
Statutory explanation: It does not matter whether the illegal act is the ultimate objective of the agreement or only incidental to that objective.
BNS Section 61: Current provision
Section 61(1) of the Bharatiya Nyaya Sanhita, 2023 substantially carries forward the definition of criminal conspiracy, including the requirement of agreement between at least two persons and the proviso concerning an act in pursuance of certain agreements.
Section 61(2) prescribes punishment. A conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards is, where no express provision exists for its punishment, punishable in the same manner as if the accused had abetted that offence. Other criminal conspiracies are punishable with imprisonment of either description for a term not exceeding six months, or fine, or both.
Essential ingredients of criminal conspiracy
- At least two participants: There must be an agreement involving two or more persons.
- Meeting of minds: The parties must agree to pursue the unlawful object or unlawful means; mere association, knowledge or suspicion does not automatically establish agreement.
- Illegal object or means: The agreed course must involve an illegal act or illegal means to achieve an otherwise lawful act.
- Overt act where required: An additional act in pursuance of the agreement is necessary when the agreement is not one to commit an offence.
- Proof: An agreement may be inferred from admissible circumstances and conduct, but guilt must be established according to the applicable criminal standard of proof.
Punishment for criminal conspiracy
| Type of conspiracy | Position under BNS Section 61(2) |
|---|---|
| Conspiracy to commit an offence punishable with death, life imprisonment or rigorous imprisonment for two years or more, with no express punishment provision | Punished in the same manner as abetment of that offence. |
| Other criminal conspiracy | Imprisonment of either description up to six months, or fine, or both. |
The precise penalty depends on the alleged object of the conspiracy and any specific statutory provision applicable to the offence.
Practical illustrations
Agreement to commit an offence
A and B agree to commit a robbery. Their agreement can constitute criminal conspiracy even if the robbery is not ultimately carried out. Whether the allegation is proved depends on evidence of the agreement and other applicable legal requirements.
Lawful objective through illegal means
A and B agree to obtain a legitimate business contract by bribing an official. The lawful business objective does not make the agreement lawful where the agreed means are illegal.
Knowledge without agreement
Merely knowing that another person plans an offence does not, by itself, establish criminal conspiracy. The prosecution must prove the requisite agreement.
IPC Section 120A compared with BNS Section 61
| Earlier IPC framework | Current BNS framework |
|---|---|
| IPC Section 120A defined criminal conspiracy. | BNS Section 61(1) defines criminal conspiracy. |
| IPC Section 120B separately prescribed punishment. | BNS Section 61(2) prescribes punishment in the same section. |
| Applicable under the earlier penal law, subject to transition and savings. | In force from 1 July 2024 for conduct governed by the BNS. |
IPC Section 120A: Case-law citations in the original article
The following historical citations are retained from the original webpage for research continuity. Some spellings and citations in the source may require verification against authoritative law reports before being relied upon in a pleading or legal opinion.
- Pulin Behary DAs V. Emp 16 C.W.N. 1105
- Ajay Aggarwal v. Union of India 1993 Cri. LJ.2516 (SC)
- Daniel's case (1704) 6 Mad. 99 : 87 E.R. 856
- K Hasim V. State of Tamil Nadu 2005 Cri. L. J. 143 (SC)
- State of HP V. Krishna Lal 1987 Cri. L. J. 709 (SC)
- Major E.G Barsay. A.I.R. 1961 SC 1762
- Gulab Singh. A.I.R 1916 All. 141
- Sriramulu Naidu (1963) 2 Cri. L. J. 546
- Tapandas V. State of Bombay (1955) 2 SCR 881:AIR 1956 SC 33
- Kasim Ali. AIR 1927 Cal. 949
- Bimbdhar Pradhan V. State of Orissa AIR 1956 SC 649
- R. V. Thompson, (1851) 16 QB 832
- Major E.G. Barsay AIR 1961 SC 1762
- R.K. Dalmia (1962) 2 Cri. L. J. 805
- Om Prakash Todi V. State of Bihar, 1984 Cri. L.J. (NOC) 197 (Pat.)
- Ashok Datta Naik & Others v. State 1979 Cri LJ (NOC) 95
- Ammini V. State of Kerala 1998 Cri. L.J. 481 (SC)
Frequently asked questions
Is an overt act always necessary for criminal conspiracy?
No. For an agreement to commit an offence, the agreement itself may suffice. For an agreement within the other category described in the proviso, an act beyond the agreement in pursuance of it is required.
Can criminal conspiracy be committed by one person?
No. The statutory definition requires an agreement between two or more persons.
Are IPC Section 120A and BNS Section 61 identical?
They are closely corresponding provisions, but the BNS consolidates the definition and punishment into Section 61. The date of the alleged conduct and relevant transitional rules matter.
Official statutory references
- Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023) - official India Code PDF (see Section 61).
- India Code - official central legislation repository (search for the Indian Penal Code, 1860 and its Sections 120A and 120B).
- Ministry of Home Affairs - official criminal-law implementation information.
This page provides general legal information and is not a substitute for advice based on the facts of a particular case.