Conspiracy under Indian Penal Code
Conspiracy under Indian Penal Code
1. Definition of Conspiracy
Under Section 120A of the Indian Penal Code, 1860, conspiracy is defined as:
“When two or more persons agree to do, or cause to be done—
an illegal act, or
an act which is not illegal by illegal means,
such an agreement is designated as a criminal conspiracy.”
Key points:
Conspiracy is the agreement between two or more persons.
The agreement can be to do a criminal act or a lawful act by illegal means.
The act itself need not be committed; the agreement alone constitutes the offence.
2. Essential Elements of Criminal Conspiracy
Number of Persons: Minimum two persons.
Agreement: There must be an agreement (oral, written, or implied) to commit an offence or unlawful act.
Intention: The parties must intend to commit an illegal act or use illegal means.
Object: The object of the agreement is to commit a crime or illegal act.
No Necessity of Act: The actual commission of the act is not necessary to constitute conspiracy.
3. Punishment for Criminal Conspiracy (Section 120B IPC)
The punishment depends on the offence the conspirators intend to commit.
If the conspiracy is to commit a serious offence, the conspirators are liable for the punishment for that offence.
Section 120B specifically states the punishment for criminal conspiracy:
If the conspiracy is to commit an offence punishable with death, life imprisonment, or rigorous imprisonment for two years or more, the punishment is the same as for the offence.
If the offence is not punishable with such severe penalties, then the punishment may extend to 6 months imprisonment, or fine, or both.
4. Difference between Conspiracy and Attempt
| Aspect | Conspiracy | Attempt |
|---|---|---|
| Definition | Agreement to commit offence | Direct action towards commission of offence |
| Number of Persons | Minimum two persons | One or more persons |
| Actus Reus (Act) | Agreement only, no need for actual act | Actual step towards commission of crime |
| Focus | Formation of agreement | Execution or commencement of the crime |
5. Illustrations
Two people agree to rob a bank — even if they do not attempt it, they can be charged with conspiracy.
Agreement to tarnish someone’s reputation by illegal means.
6. Important Case Laws on Criminal Conspiracy
1. K.M. Nanavati v. State of Maharashtra (1962 AIR 605)
The Supreme Court discussed conspiracy and distinguished it from attempt.
Held that mere agreement without overt act is sufficient to establish conspiracy.
2. Ramachandra Reddy v. Public Prosecutor (AIR 1959 SC 649)
The Supreme Court held that the essence of conspiracy is the agreement to do an unlawful act.
The actual commission or attempt to commit the act is not necessary.
3. Ramesh Kumari v. State (NCT of Delhi) (2006) 8 SCC 667
Clarified that there must be a meeting of minds between conspirators.
Mere knowledge of plan without participation does not amount to conspiracy.
4. Manju Ram Kalita v. State of Assam (2013) 6 SCC 261
Held that the prosecution must prove the existence of an agreement and the common intention of parties to commit the offence.
7. Important Points
Conspiracy is a continuing offence: The offence continues as long as the agreement continues.
No need for overt act: Though proving an overt act is helpful, it is not essential.
Scope includes legal acts by illegal means: Agreement to do something lawful but by illegal methods also amounts to conspiracy.
Wharton’s Rule: If the offence necessarily requires two persons (like adultery), the agreement alone does not amount to conspiracy unless there is an additional illegal agreement.
8. Summary
| Aspect | Explanation |
|---|---|
| Definition | Agreement between two or more persons to commit an illegal act or legal act by illegal means. |
| Section | 120A (definition), 120B (punishment) |
| Number of persons | Minimum two |
| Act | Agreement (no overt act necessary) |
| Punishment | Depends on offence planned; same as that offence if severe. |
| Key element | Meeting of minds and common intention |
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