Section 120B IPC: Punishment of criminal conspiracy
Indian Penal Code, 1860
Section 120B IPC at a Glance
Section 120B IPC deals with punishment of criminal conspiracy. From 1 July 2024 it is replaced by Section 61(2) BNS.
Punished in the same manner as if the accused had abetted the offence where the conspiracy is to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for two years or upwards and no express provision is made; imprisonment of either description for a term not exceeding six months for any other criminal conspiracy.
Section 120B IPC Bare Act Text
120B. Punishment of criminal conspiracy
(1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death, 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.
(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.
Source: Section 120B, Indian Penal Code, 1860
Section 120B IPC in Simple Words
Section 120B of the Indian Penal Code (IPC) prescribes the punishment for criminal conspiracy. Where the conspiracy is to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, and no express provision is made in the Code for its punishment, the offender is punished in the same manner as if he had abetted the offence.
Any other criminal conspiracy carries imprisonment of either description for a term not exceeding six months, or with fine, or with both. For a conspiracy to commit such an offence, cognizance and bail follow that offence, and the trial court is the one that tries its abetment.
Any other criminal conspiracy is non-cognizable, bailable and triable by a Magistrate of the first class.
Ingredients of Section 120B IPC
- The existence of a criminal conspiracy within the definition of the Code
- The accused was a party to that criminal conspiracy
- For the first limb, the conspiracy was to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for two years or upwards, with no express provision made for its punishment
- For the second limb, the conspiracy was other than a conspiracy to commit an offence punishable as aforesaid
Punishment Under Section 120B IPC
Punished in the same manner as if the accused had abetted the offence where the conspiracy is to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for two years or upwards and no express provision is made; imprisonment of either description for a term not exceeding six months for any other criminal conspiracy.
Fine as provided for abetment of the object offence under the first limb; fine alone or with imprisonment under the second limb. The section sets no maximum amount.
The First Schedule gives two rows. A conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment of two years or more follows that offence for cognizance and bail, and is tried by the court that tries abetment of it. Any other criminal conspiracy is non-cognizable and bailable, and triable by a Magistrate of the first class.
- Cognizable: According as the offence which is the object of the conspiracy is cognizable or non-cognizable; non-cognizable for any other criminal conspiracy
- Bailable: According as the offence which is the object of the conspiracy is bailable or non-bailable; bailable for any other criminal conspiracy
Under the IPC, criminal conspiracy is punished as abetment of the object offence where the offence is punishable with death, imprisonment for life or rigorous imprisonment of two years or more. All other conspiracies carry imprisonment up to six months, or fine, or both. The serious limb follows the offence for cognizance and bail. All other conspiracies are non-cognizable, bailable and triable by a Magistrate of the first class.
Example of Section 120B IPC
When Section 120B IPC Does Not Apply
- No criminal conspiracy was ever formed because there was no agreement between two or more persons to do an illegal act or a lawful act by illegal means.
- The accused was merely present with the conspirators and never became a party to their agreement.
- Another section of the Code expressly provides a specific punishment for that particular conspiracy, such as Section 121A IPC for conspiring to wage war against the Government of India, displacing the first limb of Section 120B IPC.
Section 120B IPC in the BNS
Section 120B IPC is now covered under Section 61(2) BNS.
Section 120B IPC is replaced by Section 61(2) BNS. Under Section 61(2) BNS, the two former sub-sections are structured as clauses a and b of sub-section 2, with this Sanhita substituted for this Code. The statutory punishment scheme is unchanged, providing punishment in the same manner as abetment for conspiracies to commit offences punishable with death, imprisonment for life or rigorous imprisonment of two years or more, and imprisonment up to six months or fine or both for other conspiracies.
View detailed comparison (IPC 120B vs BNS 61(2)) →FAQs on Section 120B IPC
What does Section 120B IPC say?▼
Section 120B IPC provides the punishment for criminal conspiracy. A party to a conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for two years or upwards is punished as an abettor of that offence where no express provision is made. Any other criminal conspiracy carries imprisonment not exceeding six months, or fine, or both.
How is punishment calculated for serious conspiracies under Section 120B IPC?▼
Where the object offence carries death, life imprisonment or rigorous imprisonment for two years or more, the conspirator is punished in the same manner as if he had abetted the offence, applying the relevant abetment section depending on whether the offence was committed.
Must the intended offence be committed for Section 120B IPC to apply?▼
No. Criminal conspiracy is complete when the agreement is made, together with some act in pursuance of it where the agreement is not to commit an offence. Section 120B IPC punishes it whether or not the offence agreed upon is committed.
Is an offence under Section 120B IPC cognizable?▼
Under the First Schedule to the CrPC, cognizance follows the object offence for serious conspiracies, while any other criminal conspiracy is non-cognizable.
Is an offence under Section 120B IPC bailable?▼
Under the First Schedule to the CrPC, bail status follows the object offence for serious conspiracies, while any other criminal conspiracy is bailable.
Which court tries an offence under Section 120B IPC?▼
Under the First Schedule to the CrPC, a serious conspiracy is triable by the court by which abetment of the object offence is triable. Any other criminal conspiracy is triable by a Magistrate of the first class.
Can an offence under Section 120B IPC be compounded?▼
No. Section 120B IPC is not listed in Section 320 CrPC, and Section 320(3) CrPC does not extend compounding to criminal conspiracy.
Which provision of the Bharatiya Nyaya Sanhita corresponds to Section 120B IPC?▼
Section 61(2) BNS corresponds to Section 120B IPC, restructuring the two penalty limbs as clauses a and b of sub-section 2 of Section 61 BNS.
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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·