Definition
An agreement between two or more persons to commit an illegal act or a legal act by illegal means — the agreement itself constitutes the offence, regardless of whether the planned act is carried out.
Criminal conspiracy under Section 61 BNS 2023 (formerly Section 120A IPC) makes the agreement itself a crime — a significant departure from the general principle that mere intention without action is not punishable. The elements: (a) two or more persons; (b) an agreement; (c) to do an illegal act OR to do a legal act by illegal means. If the illegal act agreed upon is not murder, kidnapping, or an offence punishable with imprisonment of two or more years, the conspiracy requires an overt act in pursuance. Unlike abetment (which requires a principal offence to be committed or substantially advanced), criminal conspiracy is complete at the moment of agreement — subject to the overt act requirement for lesser offences.
Statutory Definition
Section 61(1), Bharatiya Nyaya Sanhita (BNS), 2023 (formerly Section 120A IPC): '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.' Section 61(2): 'A person is a party to a criminal conspiracy who agrees with another to do or cause to be done any illegal act.'
Etymology & Origin
From Latin 'conspirare' (to breathe together, to agree, to conspire) from 'con' (together) + 'spirare' (to breathe). The metaphor is revealing: conspirators 'breathe together' — they share a common purpose so closely that they move together as one. The crime is in the joining of wills, not merely the planned act.
Full Legal Analysis
Criminal Conspiracy: The Crime of Agreeing to Crime
Criminal conspiracy is the law’s response to organised crime — it prevents prosecutorial delay by making the agreement itself a crime, without waiting for the planned offence to be committed. The moment two or more persons agree to commit an offence, the conspiracy is complete. This is why conspiracy charges are standard in cases involving organised crime, terrorism, financial fraud, and political violence — even if the planned act fails, the conspirators can be convicted.
Overt Act Requirement
Section 61 BNS has an important qualification: for conspiracies that do not involve offences punishable with 2+ years imprisonment, some overt act beyond the mere agreement is required. This prevents the law from criminalising purely theoretical discussions. For major offences (murder, kidnapping, dacoity, serious fraud), the agreement alone is sufficient — no overt act is needed. This two-tier structure reflects the policy choice: agreements to commit serious crimes are more dangerous and require no further act to establish criminality.
Scope: The Rama Nand Case
In State v. Nalini (1999) 5 SCC 253 (the Rajiv Gandhi assassination case), the Supreme Court extensively discussed criminal conspiracy under Section 120A IPC (now Section 61 BNS). Key holdings: (a) there need be no formal agreement — it may be inferred from the circumstances; (b) the co-conspirators need not know each other or even meet directly — they need only be part of a common plan; (c) once conspiracy is established, each conspirator is responsible for all acts done in furtherance, even by other conspirators acting independently. This broad reach makes conspiracy charges particularly powerful in terrorism and organised crime cases.
“In a criminal conspiracy, the agreement is the crime. The law does not wait for the bomb to explode or the fraud to be perpetrated. The moment minds meet to commit a crime, the law intervenes — because the purpose of criminal law is prevention as much as punishment.”
This Term in Indian Statutes
Bharatiya Nyaya Sanhita, 2023, 2023
"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: 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."
Criminal conspiracy: agreement itself is the crime; overt act required for non-serious offences
