The punishment under IPC Section 120B depends on the offence involved in the criminal conspiracy. If the conspiracy is to commit a serious offence punishable with death, life imprisonment, or rigorous imprisonment of two years or more, the punishment is the same as for abetting that offence. In other cases, the punishment may extend to six months’ imprisonment, or a fine, or both. Although the Indian Penal Code (IPC) has been replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS) from 1 July 2024, the legal principle regarding criminal conspiracy continues under the new law.
Detailed Explanation
IPC Section 120B prescribed the punishment for the offence of criminal conspiracy. A criminal conspiracy means an agreement between two or more persons to commit an illegal act or to achieve a legal act through illegal means.
The offence does not always require the illegal act to be completed. In many cases, the agreement itself is enough to attract criminal liability.
From 1 July 2024, the Indian Penal Code, 1860 has been replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS). Criminal conspiracy is now covered under the corresponding provisions of the BNS.
Punishment Under IPC Section 120B
The punishment depends on the seriousness of the offence that the conspirators planned to commit.
| Nature of Criminal Conspiracy | Punishment |
|---|---|
| Conspiracy to commit an offence punishable with death, life imprisonment, or rigorous imprisonment of two years or more | Same punishment as if the person had abetted that offence |
| Conspiracy relating to other offences | Imprisonment up to six months, or fine, or both |
For serious offences such as murder, kidnapping, terrorism, or large-scale fraud, a person convicted of conspiracy may receive the same punishment as a person who directly participated in the offence.
How Courts Prove Criminal Conspiracy
A conspiracy is usually planned in secret. Because of this, direct evidence is often unavailable.
Courts may rely on:
- Phone records and electronic communication
- Financial transactions
- Meetings between the accused
- Conduct before and after the offence
- Statements and other surrounding circumstances
However, mere friendship, presence at a place, or suspicion alone is not enough to prove criminal conspiracy.
Practical Example
Suppose three people agree to rob a jewellery shop. One person arranges weapons, another provides transport, and the third plans the escape. Even if only one person enters the shop, the others may also be prosecuted for criminal conspiracy if the prosecution proves that they agreed to commit the crime.
Similarly, if two business partners secretly agree to submit forged documents to obtain a government contract, they may be charged with criminal conspiracy along with other applicable offences.
Difference Between Criminal Conspiracy and Abetment
| Criminal Conspiracy | Abetment |
|---|---|
| Requires an agreement between two or more persons | A person may abet another without any agreement |
| Agreement itself is the foundation of the offence | Focuses on instigating, aiding, or intentionally helping another person |
| Covered under IPC Sections 120A and 120B | Covered under IPC Sections 107 to 120 |
Key Points / Important Facts
- Criminal conspiracy requires an agreement between at least two persons.
- The punishment depends on the offence that was planned.
- Serious conspiracies may result in the same punishment as the main offence.
- Circumstantial evidence can be sufficient if it clearly proves the agreement.
- Mere suspicion or association is not enough for conviction.
- Courts examine the conduct of the accused and surrounding facts before holding a person guilty.
- Since 1 July 2024, criminal conspiracy is governed by the Bharatiya Nyaya Sanhita, 2023.
Legal Provision or Section
Applicable Law
- Indian Penal Code, 1860 (Historical Law)
- Section 120A – Defines criminal conspiracy.
- Section 120B – Prescribes punishment for criminal conspiracy.
- Current Law
- Bharatiya Nyaya Sanhita, 2023 (BNS) – Replaces the IPC from 1 July 2024 and continues the offence of criminal conspiracy under its corresponding provisions.
Why It Matters
The law allows authorities to take action against people who secretly plan serious crimes, even if every conspirator does not personally carry out the illegal act. The prosecution must still prove the existence of the agreement through reliable evidence.
Important Supreme Court / High Court Judgments
Kehar Singh v. State (Delhi Administration) (1988)
The Supreme Court held that criminal conspiracy is generally proved through surrounding circumstances because conspiracies are rarely supported by direct evidence.
State (NCT of Delhi) v. Navjot Sandhu (Parliament Attack Case) (2005)
The Court explained that the prosecution must establish a clear agreement between the accused persons. Mere suspicion or association cannot establish conspiracy.
Esher Singh v. State of Andhra Pradesh (2004)
The Supreme Court observed that criminal conspiracy may be proved through a chain of circumstances that clearly indicates a meeting of minds among the accused.
Frequently Asked Questions (FAQs)
Is IPC Section 120B a serious offence?
Yes. It can be a very serious offence if the conspiracy relates to crimes such as murder, terrorism, kidnapping, or other offences carrying severe punishment. The punishment may be the same as the punishment for the planned offence.
Can a person be punished even if the planned crime was not completed?
Yes. In many cases, the agreement to commit the illegal act itself is sufficient to constitute criminal conspiracy, provided the prosecution proves the agreement as required by law.
Is direct evidence necessary to prove criminal conspiracy?
No. Courts often rely on circumstantial evidence because conspiracies are usually planned secretly. However, the evidence must clearly establish that the accused had agreed to commit the offence.
Is criminal conspiracy a bailable offence?
It depends on the offence involved. If the conspiracy relates to a serious non-bailable offence, the conspiracy charge is generally treated accordingly. The court decides bail based on the facts and applicable law.
Has IPC Section 120B been replaced?
Yes. The Indian Penal Code, 1860 has been replaced by the Bharatiya Nyaya Sanhita, 2023, with effect from 1 July 2024. Criminal conspiracy continues to remain an offence under the new law through corresponding provisions.
Conclusion
The punishment under IPC 120B depends on the seriousness of the criminal conspiracy. Where the conspiracy involves grave offences, the punishment may be the same as that prescribed for the main offence. For less serious conspiracies, the punishment may extend to six months, or fine, or both. Although the IPC has now been replaced by the Bharatiya Nyaya Sanhita, 2023, the law continues to punish criminal conspiracy to prevent planned criminal activities before they are carried out.
Sources & References
- Ministry of Home Affairs – Bharatiya Nyaya Sanhita, 2023
https://www.mha.gov.in - India Code Portal
https://www.indiacode.nic.in
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