Criminal Conspiracy

Criminal conspiracy is defined under Section 120A of the Indian Penal Code, 1860. 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 a criminal conspiracy.

Key elements of criminal conspiracy: 1. Agreement between two or more persons 2. Agreement to do an illegal act OR 3. Agreement to do a legal act by illegal means 4. Meeting of minds with common intention 5. No overt act is necessary to complete the offence (mere agreement is sufficient)

Section 120B prescribes punishment: - If conspiracy is to commit an offence punishable with death, life imprisonment, or rigorous imprisonment for 2+ years: Same punishment as for the offence - In other cases: Up to 6 months imprisonment, or fine, or both

Criminal conspiracy is distinct from abetment. In conspiracy, the agreement itself is the offence, while abetment requires some act done in pursuance. Conspiracy is a continuing offence that ends when the conspiratorial agreement is terminated by completion, abandonment, or frustration.

Evidence of conspiracy is often circumstantial. Direct evidence is rare as conspirators rarely document their agreement.