Definition of criminal conspiracy
Section 120A of the Indian Penal Code, 1860 deals with definition of criminal conspiracy. When two or more persons agree to do, or cause to be done,- (1) an illegal act, or (2) an act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy: Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
When two or more persons agree to do, or cause to be done,-
(1) an illegal act, or
(2) an act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy:
Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof.
Explanation.-It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object.
Section 120A, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 61 Criminal conspiracy Close, with changes 85%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
State of Maharashtra v. Som Nath Thapa
Court's Decision & Legal Precedent
Judgment of Main Case order-1.pdf 1996-04-12 DATE VERIFIED. Hansaria / Ahmadi CJ / Sen. Reportable. Isolates IPC 120A: criminal conspiracy is the agreement to do an illegal act or a legal act by illegal means; knowledge plus intent (which may be inferred when the goods have no lawful use); chain conspiracies do not require each conspirator to know every other’s acts. Do not pad IPC 120B (already filled) or CrPC 227/228 (charge-framing is a second question in the same judgment). SKIP BNS carry: ipc 120A → bns 61 is close-only 0.8472.
On this section: IPC 120A conspiracy is the agreement to do an illegal act or a legal act by illegal means; knowledge plus intent (inferable when goods have no lawful use) (Som Nath Thapa). Do not pad 120B. SKIP BNS 61 (close-only 0.8472).
-
Ram Prakash Chaddha vs The State of Uttar Pradesh
Court's Decision & Legal Precedent
At the stage of considering discharge application under Section 227 Cr.PC, the court must confine its consideration to 'the record of the case and the documents submitted therewith' (prosecution materials only) and determine whether a prima facie case exists based on grave suspicion emerging from such materials. Mere suspicion, supposition, or conjecture not founded on materials on record cannot justify framing charges. In cases of criminal conspiracy, there must be at least an allegation of agreement between conspirators; absent such allegation or evidence of agreement in prosecution materials, charges of conspiracy cannot be framed merely on basis of suspicious circumstances. The court is not a mere post office of prosecution but must exercise independent judicial mind to protect accused from frivolous prosecution, especially at pre-trial stage.
On this section: Definition of criminal conspiracy; requires agreement between two or more persons; essential ingredient for conspiracy charges
-
Mohd Juned Shaikh vs The State of Gujarat State of Gujarat Secreatary
Court's Decision & Legal Precedent
In criminal conspiracy cases involving terrorism under POTA, where the prosecution proves through confessional statements (recorded with all statutory safeguards), eyewitness testimony (corroborated by medical and forensic evidence), circumstantial evidence (including mobile phone records, recovery of weapons, and other incriminating items), and expert opinions (ballistic and forensic), the accused can be convicted beyond reasonable doubt. The High Court's acquittal based on a hypertechnical approach and perverse appreciation of evidence can be reversed by the Supreme Court. Ocular evidence is to be preferred over medical evidence unless the medical evidence completely rules out the possibility of the ocular evidence being true. Confessional statements recorded under Section 32 POTA with all safeguards are admissible and can be relied upon if corroborated by other evidence. A PIL filed with oblique motives and in conjunction with accused persons is misconceived and should be dismissed.
On this section: Section 120A defines criminal conspiracy. Section 120B prescribes punishment for criminal conspiracy. Section 201 deals with causing disappearance of evidence. Section 302 prescribes punishment for murder. Section 307 prescribes punishment for attempt to murder.
-
Mohmed Amin @ Amin C. R. M. Shaikh vs C. B. I Tr. Its Director
Court's Decision & Legal Precedent
When confessions are recorded by police officers of Superintendent of Police rank or above in accordance with Section 15 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 and Rule 15 of the TADA Rules, 1987, such confessions are substantive evidence admissible against the maker as well as co-accused, abettors, or conspirators charged and tried in the same case. Even if an accused is acquitted of charges under the TADA Act, such confessions can be used for convicting him for offences under the Indian Penal Code or other enactments, provided the accused was tried jointly with TADA offences. The voluntary nature of confessions depends on the Court being satisfied that the requirements of Section 15 and Rule 15 were complied with, and when challenged by the accused, the initial burden is on the prosecution to prove such compliance. Once the prosecution discharges this burden, the burden shifts to the accused to prove through evidence that the confession was not made voluntarily or was not truthful. Confessions do not require independent corroboration for conviction of the maker, though as a matter of prudence, courts may seek general corroboration for use against co-accused unless satisfied of the confession's probative value. Mere retraction of confession is not sufficient to reject it; the crucial question is whether the accused was subjected to coercion, threat, or undue influence at the time of confession-making. Guidelines laid down in earlier judgments like Kartar Singh, while advisable, are not mandatory legal requirements unless incorporated into the statutory Act or Rules.
On this section: Definition cited and applied; agreement to commit illegal act or legal act by illegal means; no proof of actual act necessary
-
Bomb Selvam @ Selvam vs The State of Tamil Nadu State Rep. by Deputy Commissioner of Police
Court's Decision & Legal Precedent
The ratio decidendi of the majority opinion (Justice V. Gopala Gowda) is that accomplice evidence, even if the witnesses are not formally designated as accomplices, must be corroborated in material particulars by independent evidence before an accused can be convicted. When the prosecution fails to provide such independent corroboration and the accused has been acquitted of the conspiracy charge, the conviction under abetment cannot be sustained. The burden is on the prosecution to establish the involvement of each accused individually in each offence charged, and mere presence at meetings or involvement in preparatory acts without direct evidence of participation in the crime is insufficient for conviction.
On this section: Definition and punishment of criminal conspiracy; distinction from abetment by conspiracy
-
Manickam @ Poonga Manickam vs The State Rep. by the Deputy Commissioner of Police
Court's Decision & Legal Precedent
The case resulted in divergent opinions. Justice V. Gopala Gowda's ratio: Accomplice evidence requires corroboration from independent sources in material particulars connecting accused with crime. One accomplice cannot corroborate another. When accomplice evidence is the sole link between accused and crime and lacks independent corroboration, conviction cannot be sustained. Acquittal under Section 120-B IPC precludes conviction under Section 109 IPC as the latter requires proof of overt act in pursuance of conspiracy. Justice Arun Mishra's ratio: Accomplice evidence can sustain conviction when corroborated by confessional statements, vehicle recoveries, and circumstantial evidence. Acquittal under Section 120-B does not affect conviction under Section 109 as these are separate offences with different ingredients. Presumption under Section 106 Evidence Act applies when abduction is proved and victim murdered soon thereafter.
On this section: Definition of criminal conspiracy - bare agreement to commit an offence
-
Somasundaram @ Somu vs The State Rep. by the Deputy Commissioner of Police
Court's Decision & Legal Precedent
The case presents a divergent opinion on the reliability of accomplice evidence and the legal distinction between criminal conspiracy and abetment. Justice V. Gopala Gowda's ratio is that accomplice evidence requires independent corroboration in material particulars connecting the accused with the crime, and absent such corroboration, conviction cannot be sustained. Furthermore, acquittal under Section 120-B IPC is fatal to conviction under Section 109 IPC as the latter requires proof of specific overt acts in pursuance of conspiracy. Justice Arun Mishra's ratio is that accomplice evidence, when corroborated by multiple independent sources including eyewitness testimony, confessional statements, and recovery of articles, can sustain conviction even without formal designation as accomplice. Additionally, acquittal under Section 120-B does not affect conviction under Section 109 as these are separate offences with distinct ingredients, and the presumption under Section 106 Evidence Act applies when abductors cannot explain the fate of the abducted person.
On this section: Definition of criminal conspiracy - bare agreement to commit an offence
-
Shankar Ganesh @ Shankar vs State Rep by the Dy Commisssioner of Police
Court's Decision & Legal Precedent
The case presents a split decision with no single ratio decidendi. Justice V. Gopala Gowda's ratio is that accomplice evidence requires independent corroboration in material particulars connecting the accused with the crime, and when such corroboration is absent and the accused are acquitted of conspiracy, conviction under abetment provisions cannot be sustained. Justice Arun Mishra's ratio is that accomplice evidence can be relied upon when sufficiently corroborated by confessional statements and recovery of articles, and acquittal under Section 120-B does not preclude conviction under Section 109 as these are separate offences with distinct legal requirements.
On this section: Defines criminal conspiracy as bare agreement to commit offence; gist is agreement itself
-
Shankar Ganesh @ Shankar vs State Rep by the Dy Commisssioner of Police
Court's Decision & Legal Precedent
The case presents a split verdict with two divergent ratios: (1) Per Justice Gopala Gowda: Acquittal under Section 120-B IPC (criminal conspiracy) is fatal to conviction under Section 109 IPC (abetment by conspiracy) because the latter requires proof of conspiracy as a prerequisite. Accomplice evidence, even if corroborated, cannot sustain conviction when independent evidence fails to place accused at scene of crime or establish their specific role. (2) Per Justice Arun Mishra: Acquittal under Section 120-B does not affect conviction under Section 109 as these are separate and distinct offences with different ingredients. Accomplice evidence, when corroborated by multiple independent sources including confessions, recoveries, and circumstantial evidence, can sustain conviction. The presumption under Section 106 Evidence Act applies to abductors regarding victim's fate.
On this section: Definition and punishment of criminal conspiracy; distinction from abetment by conspiracy
-
Iruthayaraj@iruthi& ORS. vs Home Ministry State Rep. by the Deputy Commissioner of Police Cbcid Metro Wing Chennai
Court's Decision & Legal Precedent
The ratio decidendi is split between the two judges. Justice Gopala Gowda's ratio: Accomplice evidence, even if corroborated by other accomplices, cannot sustain conviction without independent corroboration in material particulars connecting the accused to the crime. When the charge under Section 120-B (criminal conspiracy) is not proved, conviction under Section 109 (abetment by conspiracy) cannot be sustained as it requires proof of an overt act in furtherance of the conspiracy. The burden remains on the prosecution to prove each accused's individual involvement in the crime beyond reasonable doubt through independent evidence, not merely through accomplice testimony. Justice Arun Mishra's ratio: Accomplice evidence, when corroborated by confessions of co-accused, recovery of material objects, and circumstantial evidence, can sustain conviction even without direct evidence of the accused's presence at the scene of crime. Acquittal under Section 120-B does not affect conviction under Section 109 as these are separate and distinct offences with different ingredients. The presumption that an abductor is a murderer when the victim is found dead soon after abduction can be applied to sustain conviction when circumstantial evidence is overwhelming.
On this section: Definition and punishment of criminal conspiracy; distinction from abetment
-
Balamurugan @ Bala and Anr. Etc vs The State of Tamil Nadu Home Department Deputy Commissioner of Police Cbcid Metro Wing
Court's Decision & Legal Precedent
The case resulted in divergent opinions. Justice V. Gopala Gowda held that accomplice evidence requires independent corroboration in material particulars connecting the accused with the crime, and absent such corroboration, conviction cannot be sustained even if the accomplice evidence is otherwise reliable. Justice Arun Mishra held that accomplice evidence can be relied upon if corroborated by confessional statements of other accused, recovery of articles, and circumstantial evidence, and that acquittal under Section 120-B does not preclude conviction under Section 109 when the ingredients of abetment are satisfied.
On this section: Definition and punishment of criminal conspiracy; distinction from abetment
-
K. Hashim vs State of Tamil Nadu
Court's Decision & Legal Precedent
In criminal conspiracy cases involving counterfeiting of currency notes, the evidence of accomplices (approvers) is admissible under Section 10 of the Indian Evidence Act and can form basis of conviction if credible and cogent, provided it is corroborated in material particulars as required by Section 114(b) Evidence Act as a matter of prudence. Such corroboration need not be direct evidence of the crime but can be circumstantial evidence of the accused's connection with the crime. The definition of 'counterfeiting' under Section 28 IPC is wide and covers causing one thing to resemble another with intention or knowledge of deception without requiring exact reproduction, and Explanation 2 creates rebuttable presumption of counterfeiting intent when resemblance is such that person might be deceived. Sections 489A, 489C and 489D IPC apply to foreign currency including US dollars and cover possession of materials and instruments for counterfeiting process.
On this section: Definition of criminal conspiracy - agreement of two or more persons to do illegal act or act by illegal means with overt act in pursuance
-
Firosuddin Basheeruddin vs State of Kerala
Court's Decision & Legal Precedent
Criminal conspiracy can be proved by circumstantial evidence. When two or more persons agree to commit an illegal act or legal act by illegal means, that agreement constitutes criminal conspiracy even if the substantive crime is not committed. Not all conspirators need know every detail of the conspiracy; unity of objective is essential while there may be plurality of means sometimes even unknown to each other. Once the existence of conspiracy is proved, every act, declaration and writing of any conspirator referable to common intention is relevant against all conspirators. In organized crimes involving division of labour, each conspirator may perform different tasks in furtherance of the common objective, and each is liable for crimes committed by co-conspirators in furtherance of the conspiracy regardless of whether that particular conspirator directly participated in the substantive offense. The prosecution must establish the agreement to commit an unlawful act through proved facts and circumstances from which reasonable inference of conspiracy may be drawn, and the court must guard against unfairness by ensuring cogent evidence of involvement of each accused.
On this section: Definition of criminal conspiracy - two or more persons agreeing to do or cause to be done an illegal act or legal act by illegal means
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 120A
What have the courts held on Section 120A of the Indian Penal Code?
State of Maharashtra v. Som Nath Thapa (12 Apr 1996) is the leading judgment on this section among those set out below: IPC 120A conspiracy is the agreement to do an illegal act or a legal act by illegal means; knowledge plus intent (inferable when goods have no lawful use) (Som Nath Thapa). Do not pad 120B. SKIP BNS 61 (close-only 0.8472). Another 12 judgments on this section are set out below, all of them from the Supreme Court. They run from 1996 to 2024.
How do I find court cases under Section 120A of the Indian Penal Code?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IPC 120A, section 120A IPC, section 120A of the Indian Penal Code. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 13 reported judgments on this section are set out on this page, beginning with State of Maharashtra v. Som Nath Thapa (12 Apr 1996).
What should I read with Section 120A of the Indian Penal Code, and has it changed?
1 other provision in this corpus refers back to it. For anything done on or after 1 July 2024 the provision to read is BNS 61 (Criminal conspiracy), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 120A of the Indian Penal Code come into force?
Section 120A of the Indian Penal Code, cited as IPC 120A, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
- 499. Defamation1512 words
- 464. Making a false document1223 words
- 300. Murder1172 words
- 378. Theft980 words
- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.