1 minAct/Law
Act/Law

Criminal Conspiracy

What is Criminal Conspiracy?

Criminal conspiracy is an agreement between two or more persons to commit an illegal act or to commit a legal act by illegal means. It is an offence under the Indian Penal Code (IPC).

Historical Background

The concept of criminal conspiracy has been part of legal systems for centuries. It is based on the idea that collective action to commit a crime is more dangerous than individual action.

Key Points

10 points
  • 1.

    Section 120A of the Indian Penal Code (IPC) defines criminal conspiracy.

  • 2.

    Section 120B of the IPC prescribes the punishment for criminal conspiracy.

  • 3.

    Requires an agreement between two or more persons.

  • 4.

    The agreement must be to commit an illegal act or a legal act by illegal means.

  • 5.

    The act need not be committed for the conspiracy to be an offence.

  • 6.

    Mere knowledge of the conspiracy is not sufficient; active participation is required.

  • 7.

    Punishment varies depending on the nature of the offence conspired.

  • 8.

    Conspiracy is a substantive offence, independent of the actual crime committed.

  • 9.

    Used to prosecute individuals involved in organized crime and terrorism.

  • 10.

    Essential element is the meeting of minds and a common intention.

Visual Insights

Criminal Conspiracy vs. Abetment

Comparison of Criminal Conspiracy (Section 120A/B IPC) and Abetment.

FeatureCriminal ConspiracyAbetment
DefinitionAgreement to commit an illegal actAiding or instigating the commission of a crime
RequirementRequires an agreement between two or more personsCan be committed by a single person
FocusFocuses on the agreement itselfFocuses on the act of aiding or instigating
PunishmentPunishment depends on the offense conspired to commitPunishment depends on the offense abetted
Section in IPCSections 120A and 120BSection 107
ExampleTwo people agree to rob a bankOne person encourages another to commit murder

Recent Developments

5 developments

Use of conspiracy charges in cases of terrorism and organized crime.

Debate on the scope of conspiracy laws and their potential for misuse.

Supreme Court judgments clarifying the elements of criminal conspiracy.

Amendments to criminal laws to address new forms of conspiracy, such as cybercrime.

Challenges in proving conspiracy due to its secretive nature.

This Concept in News

1 topics

Source Topic

Lalu Prasad, Rabri Devi Face Charges in Land-for-Jobs Case

Polity & Governance

UPSC Relevance

Important for UPSC GS Paper 2 (Governance, Polity) and GS Paper 3 (Economy - related to economic offences). Understanding criminal conspiracy is crucial for analyzing law enforcement and criminal justice in India. Relevant for both Prelims and Mains.

Criminal Conspiracy vs. Abetment

Comparison of Criminal Conspiracy (Section 120A/B IPC) and Abetment.

Criminal Conspiracy vs. Abetment

FeatureCriminal ConspiracyAbetment
DefinitionAgreement to commit an illegal actAiding or instigating the commission of a crime
RequirementRequires an agreement between two or more personsCan be committed by a single person
FocusFocuses on the agreement itselfFocuses on the act of aiding or instigating
PunishmentPunishment depends on the offense conspired to commitPunishment depends on the offense abetted
Section in IPCSections 120A and 120BSection 107
ExampleTwo people agree to rob a bankOne person encourages another to commit murder

💡 Highlighted: Row 1 is particularly important for exam preparation