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Home / IAS Preparation / Criminal Conspiracy IPC

Introduction to Criminal Conspiracy IPC - Overview & Purpose

Last Updated on Feb 14, 2024
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Conspiracy refers to the collaboration of two or more individuals for illicit purposes, constituting an agreement to engage in unlawful acts. Criminal conspiracy under IPC stands as a distinct offense under the Indian Penal Code, 1860 (I.P.C.). Typically, the accused faces charges of criminal conspiracy in addition to allegations related to a substantive offense under the I.P.C. or other applicable laws. Chapter V-A, inserted in 1913, specifically addresses the offense of criminal conspiracy in the I.P.C. This article aims to examine the substantive offense of criminal conspiracy by drawing insights from pertinent case laws. In the labyrinth of criminal law, the Indian Penal Code (IPC) casts an intricate web of provisions to protect society and uphold justice. Among these, 'criminal conspiracy IPC' or Section 120A and Section 120B stands prominent, addressing the complex issue of joint criminal endeavors. 

This topic of the “criminal conspiracy under ipc” is important from the perspective of the UPSC IAS Examination, which falls under General Studies Paper 2 (Mains) and General Studies Paper 1 (Prelims) particularly in the Polity section. This article will navigate through the comprehensive facets of 'criminal conspiracy IPC' as a critical legal instrument that curbs and deters unlawful alliances.

What is Criminal Conspiracy under IPC?

According to the IPC, criminal conspiracy comes into existence when two or more individuals agree to do, or cause to be done:

  • An illegal act, or
  • A legal act by illegal means

Such an agreement is designated as a "conspiracy". Notably, unless a conspiracy results in some illegal act, no court can initiate legal proceedings for the sake of agreement alone.

Section 120A: Definition and Essential Elements

Section 120A lays the foundational bedrock for 'criminal conspiracy IPC', defining what precisely constitutes a conspiracy. Here, we unravel the two essential elements that section 120A emphasizes:

Element 1: Agreement

The first ingredient of a criminal conspiracy is an agreement between two or more persons. This agreement is the crux of the offence and can be explicit or implicit, written or oral.

Element 2: Intent

The second essential component is the intention to commit an illegal act or a legal act by illegal means. The intent should directly relate to the outcome that the conspirators plan to achieve.

Section 120B: The Punishment for Criminal Conspiracy

The IPC delineates the punitive measures for criminal conspiracy under Section 120B. The punishment varies depending on the nature of the crime conspired:

  • Conspiracy for a capital offence: If individuals conspire to commit a crime punishable with death, life imprisonment, or rigorous imprisonment for a term of two years or upwards, they shall be punished as if they had committed the crime.
  • Other conspiracies: For all other cases, the punishment can extend to six months in prison or a fine, or both.

Indian Evidence Act of 1872 - Section 10 and Noteworthy Cases of Criminal Conspiracy

Pertaining to the realm of 'criminal conspiracy under IPC', the Indian Evidence Act 1872 plays a crucial role. Particularly, Section 10 of the Act serves as a critical legal instrument in dealing with criminal conspiracy cases.

Indian Evidence Act of 1872 - Section 10

Section 10 of the Indian Evidence Act, 1872 is specially designed to deal with cases of conspiracy. The provision states that when more than one person is alleged to have engaged in a criminal conspiracy, any act or statement made by one of the conspirators in reference to their common intention, once the conspiracy has been proved, is relevant against the others. This essentially allows for evidentiary flexibility in cases involving multiple offenders.

Cases of Criminal Conspiracy

To fully understand the intricacies of 'criminal conspiracy IPC', it is helpful to review notable judgements that set the precedent.

Topandas v. State of Bombay - 1955

This case serves as an early precedent, interpreting 'criminal conspiracy under IPC'. Here, the court held that a criminal conspiracy is an independent offence by itself, and the mere agreement between two or more individuals with the intent to commit a crime is punishable, even if no illegal act follows the agreement.

Ram Narain Popli v. C.B.I. - 2003

In this landmark case, the Supreme Court of India elaborated on Section 120A IPC, emphasizing that the essence of a criminal conspiracy is an agreement to commit an offence. In a case where a conspiracy is alleged, the court must look for evidence proving that the conspirators had met and decided upon a plan to commit the crime.

Major E.G. Barsay v. The State of Bombay - 1962

In this case, the Apex Court pointed out the uniqueness of a conspiracy charge. It highlighted that 'criminal conspiracy' under IPC involves two components - the criminal act and the agreement to commit it. The court stated that even if no overt act is performed pursuant to the agreement, the offence of conspiracy would still stand.

Kehar Singh and others v. State - 1988

This case involved the assassination of a Prime Minister, and the Supreme Court elucidated the role of circumstantial evidence in proving criminal conspiracy. It noted that the existence of an agreement, the cornerstone of a conspiracy, could be inferred from circumstantial evidence.

Parveen v. State of Haryana - 2021

The most recent in this list, the court in this case held that to prove a charge of criminal conspiracy, the prosecution must show that two or more persons agreed to do an illegal act or to do a legal act by illegal means.

Through these landmark cases, we can see the vital role Section 10 of the Indian Evidence Act plays in facilitating the prosecution and conviction of individuals involved in a criminal conspiracy. From Topandas to Parveen, each ruling has strengthened and refined the understanding of 'criminal conspiracy under IPC', paving the way for effective and robust implementation of this provision.

Nuances of 'Criminal Conspiracy' in Practice

Plurality of Persons

Criminal conspiracy requires the involvement of at least two persons. The legal premise assumes that an individual cannot conspire with themselves. However, if two or more individuals are involved in a conspiracy, the acquittal of one does not necessarily absolve others from their alleged involvement.

Overt Act

Section 120A doesn't mandate an overt act for the conspiracy to be complete. The crime is accomplished when the agreement is made. However, the prosecution needs to establish that the accused had the intent and plan to execute the criminal act.

Implied Agreement

Not all conspiracies are hatched through explicit agreements. Sometimes, a shared understanding is enough to implicate persons in a conspiracy. Courts can infer the agreement based on circumstantial evidence and common intent.

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Purpose of Insertion of Section 120A & 120B IPC, 1860

Sections 120A and 120B were added to the Indian Penal Code to stop individuals from taking part in illegal talks or activities, even if they don't immediately take action or use illegal means.

These sections deal with situations where people plan to do something wrong, even if they do not actually follow through with their plans. In legal terms, such individuals are called conspirators.

Section 120A of the Indian Penal Code states that agreeing to carry out an illegal act itself is illegal. Prosecutors don't must prove that every person involved in the agreement planned to commit or assist the illegal act themselves. The existence of the agreement can be proven based on the evidence that prosecutors have to present.

Section 120B makes it clear that those involved in a criminal conspiracy will be held responsible for any act done to carry out the conspiracy. It clarifies that each member of the conspiracy can be held accountable for the actions of other members if those actions were part of the conspiracy's aim. This section was introduced to ensure that plotters are held accountable for the illegal actions done together by all of them.

The Relevance of Understanding Criminal Conspiracy IPC for UPSC Aspirants

For UPSC aspirants, comprehending the nuances of 'criminal conspiracy under IPC' is crucial for both the prelims and the main examination. Indian Polity, including the IPC, forms a significant part of the syllabus. Moreover, knowledge of such legal aspects bolsters one's answers in the general studies and optional law papers. Moreover, this understanding is not just academically beneficial but also a practical tool for those aiming for services like the Indian Police Service (IPS), where implementing and interpreting these laws becomes a part of their daily duties.

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Criminal Conspiracy IPC FAQs

While both terms involve the participation of multiple persons in a crime, they differ in their meanings. Criminal conspiracy, as defined in section 120A IPC, involves an agreement between two or more persons to commit an illegal act or a legal act by illegal means. Abetment, on the other hand, refers to the action of inciting, engaging with, or facilitating a crime, even if the crime doesn't eventually occur.

Yes, a corporate body can be charged with criminal conspiracy if it's proven that the criminal act was committed on behalf of the company by its representatives.

Unlike many other jurisdictions, Indian law does not require an overt act to prove a conspiracy. The mere agreement between parties with the intention to commit a crime is sufficient.

Common intention implies a shared mindset to commit an act. It's a crucial element in establishing a criminal conspiracy as it signifies that all involved parties had an understanding to commit a crime.

Yes, a person can be charged with both criminal conspiracy and the crime itself. The conspiracy to commit a crime is a separate offence from the actual crime under the IPC. By unraveling 'criminal conspiracy IPC', this article aims to provide a comprehensive understanding of this significant aspect of criminal law. Always remember, every piece of law learned today is a step towards building a more informed society tomorrow.
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