Indian Criminal Law | Legal Guide
IPC Section 120B: Punishment of Criminal Conspiracy and BNS Section 61
Section 120B of the Indian Penal Code, 1860 prescribed the punishment for criminal conspiracy. The corresponding provision under the Bharatiya Nyaya Sanhita, 2023 (BNS) is Section 61(2), read with the definition of criminal conspiracy in Section 61(1).
What is criminal conspiracy?
Under IPC Section 120A and BNS Section 61(1), a criminal conspiracy arises when two or more persons agree to do, or cause to be done, an illegal act, or an act that is not illegal by illegal means. The agreement is central to the offence.
Where the agreement is to commit an offence, the agreement itself can satisfy the statutory requirement. For other agreements falling within the definition, an act in pursuance of the agreement by at least one party is required. The illegal act may be the ultimate object or merely incidental to the agreed objective.
IPC Section 120B: statutory punishment explained
Sub-section (1): conspiracy to commit a serious offence
Where a person is party to a criminal conspiracy to commit an offence punishable with death, imprisonment for life, or rigorous imprisonment for a term of two years or more, and the IPC does not expressly provide a separate punishment for that conspiracy, the person is punished in the same manner as if they had abetted that offence.
Sub-section (2): other criminal conspiracies
A person who is party to a criminal conspiracy outside the category described above may be punished with imprisonment of either description for a term not exceeding six months, or with fine, or with both.
BNS Section 61: present legal provision
BNS Section 61(1) defines criminal conspiracy. BNS Section 61(2)(a) provides the punishment for conspiracy to commit an offence punishable with death, life imprisonment, or rigorous imprisonment for two years or more, where no express provision for punishment of that conspiracy is made in the Sanhita. The punishment is the same as for abetment of that offence.
BNS Section 61(2)(b) provides punishment for other criminal conspiracies: imprisonment of either description up to six months, or fine, or both.
Punishment at a glance
| Nature of conspiracy | IPC Section 120B | BNS Section 61(2) |
|---|---|---|
| Conspiracy to commit an offence punishable with death, life imprisonment, or rigorous imprisonment of at least two years, absent a specific punishment provision | Same manner as abetment of the offence | Same manner as abetment of the offence |
| Other criminal conspiracy | Up to six months' imprisonment, or fine, or both | Up to six months' imprisonment, or fine, or both |
The applicable abetment provisions and any specific conspiracy provision must be examined before determining the precise sentencing exposure in a particular case.
Essential ingredients to establish criminal conspiracy
- Two or more persons: there must be an agreement involving at least two persons.
- Agreement: there must be a meeting of minds concerning the unlawful objective or unlawful means; mere association or suspicion is insufficient.
- Illegal objective or means: the agreement must fall within the statutory definition.
- Further act where required: where the agreement is not to commit an offence, the statutory proviso requires an act in pursuance of the agreement.
- Evidence: the agreement may be inferred from proved circumstances, but guilt must be established to the criminal standard of proof.
Illustrative examples
Example 1: Two people agree to commit a serious robbery. The agreement may constitute conspiracy even if the robbery is prevented before execution. The applicable punishment depends on the statutory classification and other relevant provisions.
Example 2: Two people agree to accomplish an otherwise lawful result by illegal means. The agreement falls within the statutory definition only if the additional requirements, including an act in pursuance where applicable, are satisfied.
Example 3: Being acquainted with a person who later commits an offence does not, without proof of an agreement, establish criminal conspiracy.
Criminal conspiracy and abetment: difference
Criminal conspiracy focuses on the agreement between participants. Abetment may arise through instigation, conspiracy accompanied by the legally required act or omission, or intentional aid. Although serious conspiracies are punished as if the accused had abetted the intended offence, the legal ingredients of conspiracy and abetment should not be treated as interchangeable.
Frequently asked questions
Is IPC Section 120B still applicable?
For conduct governed by the criminal law in force from 1 July 2024, the corresponding general provision is BNS Section 61. The IPC may remain relevant to earlier alleged conduct, subject to applicable transitional rules.
Does the planned offence have to be completed?
No. A conspiracy to commit an offence can be complete upon the requisite agreement. Completion of the planned offence is not invariably necessary.
What is the punishment for a minor criminal conspiracy?
For a conspiracy falling under IPC Section 120B(2) or BNS Section 61(2)(b), imprisonment may extend to six months, or a fine may be imposed, or both.
Is mere knowledge of a criminal plan enough?
No. Knowledge alone does not establish that a person agreed to participate in the conspiracy. The prosecution must prove the required agreement and other elements.
Official legislation and related reading
This article provides general legal information and does not replace advice on the facts of a specific case.