Section 120A IPC: Definition of criminal conspiracy

Indian Penal Code, 1860

Section 120A IPC at a Glance

Section 120A IPC deals with definition of criminal conspiracy. From 1 July 2024 it is replaced by Section 61(1) BNS.

Punishment

Section 120A IPC is a definition provision that creates no independent offence and prescribes no punishment. Penal consequences for criminal conspiracy are prescribed under Section 120B IPC.

BNS Equivalent

Section 61(1) →

Section 120A IPC Bare Act Text

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.

Source: Section 120A, Indian Penal Code, 1860

Section 120A IPC in Simple Words

Section 120A of the Indian Penal Code (IPC) defines criminal conspiracy as an agreement between two or more persons to do, or cause to be done, an illegal act, or an act which is not illegal by illegal means. Under the statutory proviso, an agreement to commit an offence constitutes criminal conspiracy without any further act.

In contrast, an agreement to accomplish an act that is not an offence requires some act besides the agreement to be done by one or more parties in pursuance of the agreement. Under the Explanation, whether the illegal act is the ultimate object or merely incidental is immaterial.

The section defines the offence, while punishments are prescribed under Section 120B IPC.

Ingredients of Section 120A IPC

  • Two or more persons participating in an agreement
  • An agreement to do, or cause to be done, an illegal act, or an act which is not illegal by illegal means
  • Where the agreement is not to commit an offence, some act besides the agreement done by one or more parties in pursuance of it

Punishment Under Section 120A IPC

Imprisonment

Section 120A IPC is a definition provision that creates no independent offence and prescribes no punishment. Penal consequences for criminal conspiracy are prescribed under Section 120B IPC.

Fine

Section 120A IPC imposes no fine of its own. Fines for criminal conspiracy are governed by Section 120B IPC.

Section 120A IPC defines criminal conspiracy and prescribes no punishment of its own. Penalties, bail, cognizance and trial court are governed by Section 120B IPC according to the object of the conspiracy.

Example of Section 120A IPC

In Bhopal in 2016, Arvind and Gaurav agreed to forge a sale deed to cheat a retired teacher, Keshav, of his residential plot. They also agreed to bribe a revenue clerk to obtain Keshav's title papers as an incidental step toward that goal. Because their agreement was to commit an offence, no act besides the agreement itself was required, and it did not matter that the bribery was incidental to the ultimate object. Their agreement is a criminal conspiracy within Section 120A IPC.

When Section 120A IPC Does Not Apply

  • A single person planned an illegal act on his own without entering into an agreement with anyone else.
  • Two or more people merely discussed a possible plan without ever reaching an agreement to carry it out.
  • The parties agreed to achieve a lawful objective exclusively through lawful means.
  • The parties agreed to do an illegal act that was not a criminal offence, such as a civil wrong, and none of them performed any act besides the agreement in pursuance of it.

Section 120A IPC in the BNS

Section 120A IPC is now covered under Section 61(1) BNS.

Section 120A IPC is replaced by Section 61(1) BNS. Section 61(1) BNS introduces the requirement that persons agree with the common object to do or cause to be done the specified act. The two clauses are designated as clauses a and b rather than numerical sub-clauses. In addition, the stand-alone heading Definition of criminal conspiracy is removed, with Section 61(1) BNS titled Criminal conspiracy and consolidating the definition in sub-section 1 and punishments in sub-section 2. The proviso requiring an overt act for non-offence agreements and the Explanation regarding ultimate versus incidental objects remain unchanged.

View detailed comparison (IPC 120A vs BNS 61(1)) →

FAQs on Section 120A IPC

What does Section 120A IPC say?▼

Section 120A IPC provides that 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, subject to the statutory proviso and Explanation.

Is an overt act required to establish criminal conspiracy under Section 120A IPC?▼

Where the agreement is an agreement to commit an offence, no further act is required and the conspiracy is complete upon agreement. Where it is not an agreement to commit an offence, some act besides the agreement must be done by one or more parties in pursuance of it.

What does the Explanation to Section 120A IPC clarify?▼

The Explanation clarifies that it is immaterial whether the illegal act is the ultimate object of the agreement, or is merely incidental to that object.

What punishment is prescribed under Section 120A IPC?▼

Section 120A IPC is a definition provision that creates no penalty of its own. Punishments for criminal conspiracy are prescribed separately under Section 120B IPC according to the seriousness of the offence designed.

Is an offence under Section 120A IPC cognizable or bailable?▼

Section 120A IPC has no separate entry in the First Schedule to the CrPC. Cognizance, bail and the trial court follow the entry for Section 120B IPC, which classifies them by the offence that is the object of the conspiracy.

Can an offence of criminal conspiracy under Section 120A IPC be compounded?▼

Section 120A IPC is not listed in Section 320 CrPC, so criminal conspiracy cannot be compounded.

Which provision of the Bharatiya Nyaya Sanhita corresponds to Section 120A IPC?▼

Section 61(1) BNS corresponds to Section 120A IPC, incorporating the definition with the phrase with the common object into sub-section 1 of Section 61 BNS.

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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·