BACK TO SECTIONS(2005) 11 SCC 600AIR 1988 SC 1883
Non-BailableCognizable: CognizableSame as offence conspired for
THE STATUTE
Original Text
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 in pursuance thereof.
Simplified
Section 120A defines criminal conspiracy — the agreement itself is the crime. Two or more persons who agree to commit an illegal act become conspirators at the moment of agreement — no further step need be taken. This makes conspiracy the law's earliest intervention point, allowing prosecution before harm materialises. Two limbs: (1) agreeing to do an illegal act; and (2) agreeing to do a legal act by illegal means (capturing sophisticated white-collar criminality — price-fixing, account falsification). The proviso creates an exception: agreements to commit anything other than a criminal offence require an additional 'overt act' in pursuance. Courts allow circumstantial evidence — presence at meetings, communication patterns, financial flows, and coordinated actions can all establish the agreement inferentially.
Legal Evolution
Sections 120A and 120B were added to the IPC in 1913 following concerns about organised political conspiracies during the Independence movement. Used in the Lahore Conspiracy Case (1929–30) against Bhagat Singh. Post-independence, they became essential in terrorism, organised crime, and corporate fraud prosecutions.
Landmark Precedents
State (NCT of Delhi) v. Navjot Sandhu (Parliament Attack Case) (2005)
RELEVANCE
Conspirators need not know each other; a chain of agreements with a common criminal object suffices.
Kehar Singh v. State (Delhi Administration) (1988)
RELEVANCE
Indira Gandhi assassination case — once conspiracy is proved, each conspirator is liable for acts of all others done in pursuance of the common object.
Practical Scenarios
"Three business partners who agree to file a false insurance claim — criminal conspiracy at the moment of agreement."
"A terror cell that plans an attack via encrypted messages — conspiracy established through communication patterns."
"Competitors who agree to fix tender prices — second limb (legal goal, illegal means)."
Common Queries
No. Chain conspiracies where each link knows only the next have been upheld. The requirement is a shared criminal object, not mutual acquaintance or direct communication.
Yes — for conspiracies to commit a criminal offence, the agreement alone is sufficient. The conspiracy is complete at the moment of agreement.