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Criminal Conspiracy under the India Penal Code, 1860

The India Penal Code, 1860 : Criminal Conspiracy


  1. Ins. by Act 8 of 1913, s. 3.

120A. Definition of criminal conspiracy.

120A. Definition of criminal conspiracy.–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 to such agreement in pursuance thereof.

Explanation.-It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object.

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  1. Abdul Latif Adam Momin v. Union Of India {Punjab-Haryana High Court, 25 Feb 2014}
  2. N.V. Subba Rao v. State, (2013) 2 SCC 162
  3. Baliya v. State of M.P., (2012) 9 SCC 696
  4. State of M.P. v. Sheetla Sahai, (2009) 8 SCC 617
  5. K.K. Vijayachandran v. Superintendent Of Police, 2008 (3) KLT 114
  6. State (NCT of Delhi) v. Navjot Sandhu @ Afsan Guru, (2005) 11 SCC 600
  7. Ferozuddin Basheeruddin v. State of Kerala, (2001) 7 SCC 596
  8. Saju v. State of Kerala, (2001) 1 SCC 378
  9. Ajay Agarwal v. Union Of India, AIR 1993 SC 1637 : 1993 (3) SCR 543
  10. Syed Kaleem v. M/s. Mysore Lakshmi Beedi Works, 1993 (1) ALT Cri 64 : 1993 CriLJ 232 : ILR 1992 KAR 2614, 1992 (3) KarLJ 581
  11. Kehar Singh v. State (Delhi Administration) (1988) 3 SCC 60
  12. Yash Pal Mittal v. State of Punjab, (1977) 4 SCC 540
  13. Pramatha Nath Talukdar v. Saroj Ranjan Sarkar, 1962 Supp.(2) SCR 297
  14. E.G. Barsay v. State of Bombay, (1962) 2 SCR 195


120B. Punishment of criminal conspiracy.

120B. Punishment of criminal conspiracy.–(1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death, 1*[imprisonment for life] or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence.

  1. Subs. by Act 26 of 1955, s. 117 and Sch., for “transportation”.

(2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment of either description for a term not exceeding six months, or with fine or with both.]

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  1. Joseph @ Baby v. Sub Inspector of Police {Kerala High Court, 4 Apr 2014}
  2. State v. Adambhai {Gujarat High Court, 1 Jun 2010}
  3. Mohd. Farooq A.G. Chipa Rangari v. State Of Maharashtra {Supreme Court of India, 6 Aug 2009}
  4. Harish Tolani v. State Of Rajasthan {Rajasthan High Court, 20 Jul 2001}


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