INDIAN PENAL

CODE
Name :- Tannu Raj
Class :- Ballb (C)
Enrolment number :- 10451103821
Submitted to :- Mr. Anant Singhal
Date of submission :- January 2, 2023
TABLE OF CONTENT
 Introduction

 Background

 Definition of criminal conspiracy under section 120A Indian Penal Code

 Ingredients

 Proof of conspiracy

 Case law

 Punishment of criminal conspiracy

 Section 10 of Indian Evidence Act, 1872

 Case law

 Conclusion

 References
INTRODUCTION
 Conspiracy means a combination of two or more persons for unlawful purposes. It is an
agreement between two or more persons to commit an illegal act.
 Criminal conspiracy is a substantive offence under the  Indian Penal Code (I.P.C.).
BACKGROUND
 Originally, the term ‘conspiracy’ was used to refer to the acts of agreement of two or more persons to
institute a false legal case against someone or to carry on legal proceedings in a vexatious or improper
way.
 In Poulterer’s case(1611), the criminal aspect of conspiracy was developed for the first time by the
Star Chamber and conspiracy was recognized as a substantive offence.
 Before the insertion of Chapter V-A, conspiracy under I.P.C. was punishable only in two forms-

1.By way of abetment under Section 107 I.P.C.

2.By way of involvement in a certain offence (Section 310, Section 401, Section 400 I.P.C.)
 Then, in 1870, Section 121A was added which provided punishment for conspiracy to commit offences
punishable by Section 121 i.e. conspiracy to wage or attempt to wage war against the Government of
India.  
 It is thus clear that conspiracy per se was not a crime under I.P.C. before 1913. The Criminal Law
Amendment Act of 1913 inserted Chapter V-A in the I.P.C. which introduced criminal conspiracy as a
substantive offence. 
DEFINITION OF CRIMINAL CONSPIRACY
UNDER SECTION 120-A INDIAN PENAL CODE
 Section 120A of the I.P.C. defines criminal conspiracy as an agreement of two or more
persons to do or cause to be done-
1. An illegal act, or;
2.An act that is not illegal by illegal means.
 Section 43 of the I.P.C. defines the term ‘illegal’ as everything that is an offence or is
prohibited by law or furnishes ground for a civil action.
 The Proviso attached to Section 120A provides that a mere agreement to commit an
offence shall amount to criminal conspiracy and no overt act or illegal omission is
required to be proved.
 Such overt act is necessary only when the object of the conspiracy is the commission
of an illegal act not amounting to an offence.
 It is immaterial whether the illegal act is the ultimate object of such agreement or is
merely incidental to that object.
INGREDIENTS
1. 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 i.e. there must be at least 2 persons who conspire. 
However, a person may be indicted alone for the offence of criminal conspiracy if the
other co-conspirators are unknown, missing or dead.
2.Joint evil intent to do an illegal act or an act that is not illegal by illegal means is
necessary
PROOF OF CONSPIRACY
 Crime is inherently psychological in nature.
 The proof of such an act is also difficult. It can be ascertained by the fact that some act was
kept a secret.
 However, this does not constitute an essential element of the conspiracy. It can be done
through:
 Direct Evidence or
 Circumstantial Evidence
CASE LAW
 It was held in the case of Quinn v. Leather ([1901] A. C.495).that inference is generally
deduced from the acts of the parties in pursuance of the predetermined acts. In such a crime,
circumstantial evidence and direct evidence turn out to be the same because there has not been
an act, yet. The act is only being conspired.
PUNISHMENT OF CRIMINAL
CONSPIRACY
 Section 120B of I.P.C. provides for punishment of criminal conspiracy-

 Where the criminal conspiracy is to commit a serious offence: In cases where the conspiracy
is to commit an offence-
1. Punishable with death, 
2. Imprisonment for life or

3. Rigorous imprisonment for a term of two years or upwards 

4.and where no express punishment is provided under the Code for such conspiracy, every
person who is a party to such a criminal conspiracy shall be punished in the same manner
as if he had abetted such offence.
 Criminal conspiracy to commit offences other than those covered in the first category:
Whoever is a party to such a criminal conspiracy shall be punished with imprisonment of
either description for a term not exceeding six months or with fine or with both.
SECTION 10 OF INDIAN
EVIDENCE ACT, 1872
 Section 10 of the Indian Evidence Act contains the principle that once a conspiracy to
commit an illegal act is proved, an act of one conspirator becomes the act of another.
Section 10 deals with the admissibility of evidence in a conspiracy case. It provides
that anything said, done or written by any one of the conspirators in respect of their
common intention is admissible against all the conspirators for proving the existence
of the conspiracy or that any such person was a party to the conspiracy. However, the
following conditions are to be satisfied before such fact can be admitted-
1. There should be reasonable ground to believe that two or more persons have
conspired to commit an offence or an actionable wrong.
2.Anything said, done or written by any one of them about their common intention will
be evidence against the others provided it is said, done or written after the time when
such intention was first formed by any one of them.
CASE LAWS
 PRAVEEN V. SATTE OF HARYANA (2021) SC:-

The brief facts of the case are: Four accused were being escorted by the police from the
Central Jail, Jaipur by train to be produced in the Court of CJM, Bhiwani. On reaching
the Railway Station Nangal Pathani, four young boys entered their compartment,
attacked the police party and tried to rescue the accused. The accused, who were in
custody also tried to escape and an attempt was also made to snatch the official carbine.
It was alleged that one of the accused fired upon the Head Constable, who got injured
and later succumbed to his injuries. One accused was apprehended and the other three
fled. The accused were charged under offences Sections 224, 225, 332, 353, 392, 307, 
302, 120-B of the IPC and for certain offences under the Arms Act. The accused were
held guilty by the Sessions Court and on appeal, the High Court of Punjab and Haryana
confirmed their conviction. The appellant Parveen @ Sonu filed an appeal in the
Supreme Court.
 The Hon’ble Supreme Court held that it is not safe to hold a person guilty for offences
under Section 120B I.P.C. in absence of any evidence to show a meeting of minds
between the conspirators for the intended object of committing an illegal act. The
Court ordered the acquittal of the appellant and held that it is not safe to maintain the
conviction of the accused on the alleged confessional statements of the co-accused in
absence of any other corroborative evidence.
CONCLUSION
 The offence of criminal conspiracy comes under the category of inchoate crimes as it
does not require the commission of an illegal act.
 Criminal conspiracy is a partnership in crime and a joint or mutual agency exists in
each conspiracy for the prosecution of a common plan.
 Nowadays, it is seen that the provision of criminal conspiracy is very loosely invoked
which is not in line with the principles laid down by the Supreme Court.
 Hence, it is very much required that the superior courts keep a check on the misuse of
the provision while upholding the rule of law. 
REFERENCES
• KD Gaur, Textbook on Indian Penal Code, 6th Edn.
• https://www.barandbench.com/columns/criminal-conspiracy-law-applicability
• Batuk Lal, The Law of Evidence, 22nd Edn.