Section 120B IPC: Criminal Conspiracy, Punishment and Classification
Criminal conspiracy under the Indian Penal Code, 1860 was governed by Chapter VA. Section 120A defined criminal conspiracy, while Section 120B prescribed its punishment. This article explains the definition, essential ingredients, punishment, cognizability, bail and trial court under the IPC and CrPC regime.
What is criminal conspiracy under Section 120A IPC?
Section 120A IPC - Definition of criminal conspiracy: Criminal conspiracy arises when two or more persons agree to do, or cause to be done, either an illegal act or an act which is not illegal by illegal means.
The statutory focus is therefore on an agreement between at least two persons. The object of the agreement may itself be illegal, or the agreed object may be lawful but the means chosen to achieve it may be illegal.
The Explanation to Section 120A made it immaterial whether the illegal act was the ultimate object of the agreement or was merely incidental to that object.
Essential ingredients of criminal conspiracy
1. Two or more persons
There must be an agreement involving at least two persons. The statutory concept is based on concert or agreement and cannot arise from the intention of one person acting alone.
2. Agreement
The persons must agree to do or cause to be done the object contemplated by Section 120A. Mere similarity of conduct, without the necessary agreement, does not by itself state the statutory ingredient.
3. Illegal object or illegal means
The agreement must concern an illegal act, or a lawful act intended to be achieved by illegal means.
4. Additional act where required
If the agreement is not to commit an offence, some act besides the agreement must be done by one or more parties in pursuance of the agreement.
When is an overt act required?
Section 120A draws an important distinction. If the agreement itself is to commit an offence, the statutory proviso does not require an additional act beyond the agreement for the conspiracy to fall within the definition. If the agreement concerns an illegal act that is not itself an offence, or a lawful act to be accomplished by illegal means, an act besides the agreement must be done by one or more parties in pursuance of the conspiracy.
Section 120B IPC - Punishment of criminal conspiracy
Section 120B did not define criminal conspiracy; it prescribed punishment for a person who was a party to a criminal conspiracy. The punishment depended on the nature of the offence forming the object of the conspiracy.
Section 120B(1): conspiracy to commit a serious offence
Where the conspiracy was to commit an offence punishable with death, imprisonment for life, or rigorous imprisonment for a term of two years or more, and the IPC contained no express provision for punishment of that conspiracy, the conspirator was punishable in the same manner as if he or she had abetted that offence.
Section 120B(2): other criminal conspiracies
For a criminal conspiracy outside the category in Section 120B(1), punishment was imprisonment of either description for a term not exceeding six months, or fine, or both.
Classification of offence under Section 120B IPC
Under the First Schedule to the Code of Criminal Procedure, 1973, the procedural classification of a Section 120B offence depended on which of the two statutory categories applied.
| Offence | Punishment | Cognizable or non-cognizable | Bailable or non-bailable | Court |
|---|---|---|---|---|
| Criminal conspiracy to commit an offence punishable with death, imprisonment for life, or rigorous imprisonment for two years or upwards | Same as for abetment of the offence which is the object of the conspiracy | According as the offence which is the object of conspiracy is cognizable or non-cognizable | According as the offence which is the object of conspiracy is bailable or non-bailable | Court by which abetment of the offence which is the object of conspiracy is triable |
| Any other criminal conspiracy | Imprisonment up to six months, or fine, or both | Non-cognizable | Bailable | Magistrate of the first class |
CrPC Section 196 and prosecution for criminal conspiracy
Under the pre-BNSS Code of Criminal Procedure, Section 196 contained special rules concerning cognizance of specified conspiracies. In particular, Section 196(2) provided that a court could not take cognizance of a criminal conspiracy punishable under Section 120B IPC, other than a conspiracy to commit an offence punishable with death, imprisonment for life, or rigorous imprisonment for two years or upwards, unless the State Government or District Magistrate had consented in writing to initiation of the proceedings, subject to the statutory proviso concerning conspiracies to which Section 195 CrPC applied.
Separate sanction requirements under Section 196 also applied to conspiracies involving certain offences against the State and other specified IPC offences. The precise cognizance requirement therefore depended on the object offence and the statutory provision attracted.
Criminal conspiracy under Section 120A and abetment by conspiracy under Section 107
Criminal conspiracy under Section 120A IPC and abetment by conspiracy under Section 107 IPC were related but distinct concepts. Under Section 107, abetment by conspiracy required engagement with one or more persons in a conspiracy for doing a thing and an act or illegal omission taking place in pursuance of that conspiracy and in order to the doing of that thing.
Section 120A separately defined the substantive concept of criminal conspiracy. For an agreement to commit an offence, its proviso did not require an additional overt act. The statutory ingredients of the particular provision invoked therefore had to be examined separately.
How to read a Section 120B allegation
For an IPC-era allegation of criminal conspiracy, identify the alleged agreement, the persons said to be parties to it, its object, whether that object was an offence or another illegal act, whether an additional act in pursuance was legally required, and the punishment attached to the object offence. Those matters determine the applicable limb of Section 120B and, together with the CrPC First Schedule and Section 196 where applicable, the procedural classification and cognizance requirements.