Criminal Conspiracy - Overview, Structure, Properties & Uses

Criminal Conspiracy

Edited By Ritika Jonwal | Updated on Jul 02, 2025 05:39 PM IST

According to Section 120A of the Indian Penal Code 1860 Criminal conspiracy means when two persons form an agreement to commit any offence is termed as criminal conspiracy under Criminal Law. Section 120B of the IPC deals with the criminal conspiracy punishment. Criminal Conspiracy is one of the most important topics in the Legal Studies. This article provides a depth of view of criminal conspiracy.

This Story also Contains

Evolution of Criminal Conspiracy
What is Criminal Conspiracy in IPC?
Essential elements to constitute criminal Conspiracy
Punishment for criminal conspiracy
Criminal Conspiracy under The Indian Evidence Act
Difference between Abetment and Criminal Conspiracy
Criminal Conspiracy Landmark Case Laws
Criminal Force and Assault
Criminal Force
Assault
Punishment for Assault or criminal force
Important provisions under IPC for assault or criminal force
Conclusion

Criminal Conspiracy

Evolution of Criminal Conspiracy

Criminal Conspiracy was first time introduced in the case of Poulter’s case 1611.
In Poulterer’s case, a suit was filed in the court against Stone and his family of robbery to ruin their reputation. Stone brought with him 30 witnesses to prove to the court that on the night of the theft, he wasn’t home he was in London.
The Jury in this case was satisfied with Stone’s declaration and he was discharged by the court. Moreover, after Stone was discharged he filed a case against the offenders that his reputation was harmed.
The defendants attempted to settle the case between them.
Still, they were unsuccessful and when the case was heard the Jury held that whether or not Stone was falsely acquitted and the defendants were liable to the offence of Criminal Conspiracy.
The Poulterer’s case was a criminal conspiracy landmark case and the first time the offence of criminal conspiracy was defined in this case.

What is Criminal Conspiracy in IPC?

According to section 120A of the Indian Penal Code 1860, criminal conspiracy meaning is when two or more persons come into an agreement to commit an illegal act or harm someone, and an act which is illegal from the very initiation of the agreement.

An agreement to commit any illegal act will lead to criminal conspiracy.

Essential elements to constitute criminal Conspiracy

Section 120A of the Indian Penal Code 1860 deals with the essential elements to constitute the offence of criminal conspiracy are given below-

1. Agreement between two or more persons

There should be an agreement between two or more persons to commit an illegal act is known as criminal conspiracy. One person can't conspire for a criminal act so two or more persons must be involved to constitute the offence of criminal conspiracy.

In the case of H.P v. Krishan Lal, It was held that the essential element to constitute an offence of criminal conspiracy is the involvement of two or more persons.

2. Commission of an illegal act

Commission of an illegal act is the second ingredient to constitute an offence of criminal conspiracy. According to Section 120A of the Indian Penal Code 1860, there should be the involvement of two persons and both persons should indulge themselves in the commission of an illegal act to constitute an offence of criminal conspiracy. In the case of criminal conspiracy, the intent of the conspirator is taken into account.

Punishment for criminal conspiracy

According to section 120B of the Indian Penal Code 1860, the punishment for criminal conspiracy is imprisonment for life and punishable with death or rigorous imprisonment for a term which shall extend to two years or if no provision is given in the code for the commission of the offence of criminal conspiracy will be punished under the punishment given in the code in the offence of abetment.
Moreover, anyone who is a party to the criminal conspiracy shall be punished with imprisonment for a term which may extend to six months or with a fine or both.

Criminal Conspiracy under The Indian Evidence Act

According to Section 10 of the Indian Evidence Act 1872, the offence of criminal conspiracy is explained as when two or more persons have committed an offence and provided damages to anyone to do so is considered to be the reasonable grounds to constitute the offence of criminal conspiracy. It is also laid down in the act that the intention to commit should be common between both parties.

Difference between Abetment and Criminal Conspiracy

Even though both abetment and criminal conspiracy are terms related to participation in criminal activity. Although they both are distinct legal principles that are often confusing. A person who participates in a crime as a catalyst, supporter, or helping hand is considered an abettor. It can be present between two different individuals. The person abetting can get punished even if the result has not been achieved i.e. a crime has not taken place because it focuses on the abettor's intention for facilitation of the offence. While criminal conspiracy is an agreement between two or more parties to commit a crime. This agreement in itself is an offence. It does not matter whether the crime has been committed or not. In criminal conspiracy, there is the intention between all the parties to commit a criminal act but in abetment, the person doing abetment may not have the intention to commit the crime directly. Moreover, the abetment is often applied along with some other main criminal offences but the criminal conspiracy is a separate offence itself. Hence, the abetment requires the proof for instigation of crime but criminal conspiracy only requires proof for the existence of an agreement to commit the offence.

Criminal Conspiracy Landmark Case Laws

1. In the case of Kehar Singh v. Union of India

Facts of the case - In this case, Kehar Singh was an employee in the Directorate General of Supply and Disposal in New Delhi. Kehar Singh was accused in the case of criminal conspiracy in the assassination of Indira Gandhi. He was found guilty under Section 120B for criminal conspiracy and Section 302 deals with punishment for murder according to the Indian penal Code. Kehar Singh was sentenced to death by the additional session judge of New Delhi. He filed for a writ petition which was also dismissed
Rajinder Singh son of Kehar Singh filed a petition seeking pardon in front of the president of India. And the petition of writ petition was rejected by the president of India. Moreover, Rajinder Singh filed a petition in the Delhi High Court which was also rejected. Later he filed a case in the Supreme Court for special leave which was accepted by the Supreme Court and the execution process of Kehar Singh was put on hold.
Issued raised Firstly, The issue raised in this case was that under Article 72 the President of India is allowed to decide a case which was already decided by the Supreme Court. Secondly, was the accused entitled to an oral hearing in front of the president of India?
Judgements The court in this case held that the president of India possesses the power to decide on the case which is already decided by the Supreme Court. The court also held that Kehar Singh does not possess any inherent right to an oral hearing in front of the President of India.

2. In the case of Union of India v. S.N. Dhingra

In this case, it was held that when the objective as decided in the conspiracy is achieved the conspiracy comes to an end. And when the objective of the conspiracy is impossible to achieve the conspiracy comes to an end.

Criminal Force and Assault

Criminal Force

According to section 350 of IPC, criminal force means when any person uses a certain amount of force towards another person without that person’s consent to hurt that person or cause injury, a sense of fear or annoyance to the person on which the force is intended to be used is known as criminal force.

Assault

According to Section 351 of the Indian Penal Code 1860 when a person uses force or gestures intending to hit someone such gestures which imply the preparation to hit or provide damage to someone is known as assault. In an assault, force does not usually touch the other person's body but it implies preparation for the use of force or a motive to hit someone.

Punishment for Assault or criminal force

According to Section 352 of the Indian Penal Code 1860, the punishment for assault or criminal force from one person to another with an intention to hit that person shall be punished with imprisonment for a term of three months, or with payment of a fine or both.

Important provisions under IPC for assault or criminal force

Section 353- Tries to Assualt or uses Criminal Force intending to deter public servant from discharge of his duty-

According to this section, the use of criminal force or assault on any person who is a civil servant during the execution of his duty as a public servant, or deterring him from the execution of his duties shall be punished under the provisions of section 353 with imprisonment for a term of two years or fine or both.

Section 354- Tries to Assault or use Criminal Force on a Woman intending to outrage her Modesty-

According to this section, any person who assaults or uses criminal force on any woman who thereby outrages her modesty will be punished under section 354 with imprisonment for a term of five years and also will be liable to a fine or both.

Section 354A- Tries to Sexually Harass a Woman and Punishment for Sexual Harassment -

According to section 354A of the Indian Penal Code, any man who tries to establish physical contact and uses sexual overtures or a demand for sexual favours or shows pornography to a woman without her will and making sexual remarks shall be held guilty for the offence of sexual assault and harassment under the above-mentioned section.
Any man who tries to establish physical contact and uses sexual overtures or a demand for sexual favours or shows pornography to a woman without her will shall be punished with imprisonment for a term of three years or with a fine or both.
Any man who tries to make sexual remarks on a woman shall be punished with imprisonment for a term of one year, or with a fine or both.

Section 354B- Tries to Assault or use Criminal Force to a woman with intent to disrobe her-

According to this section, any man who tries to assault or use criminal force on a woman with an intention to disrobe her or compel her to be naked will be punished with imprisonment for a term of three years, or with a fine or both.

Section 354C- Voyeurism on a woman-

According to section 354C of the Indian Penal Code 1860 any man who tries to watch or capture an image of a woman who is indulging in any private act of her not expecting to be observed by anyone such act shall be punished with imprisonment for a term of three years, or with fine or both in the case of first conviction.
In the case of a second conviction, the offender will be punished with imprisonment for a term not exceeding seven years or with a fine or both.

Section 354D- Stalking a woman-

According to section 354D any man who tries to follow and tries to contact a woman repeatedly despite her clear indication of disinterest or tries to monitor a woman on the internet, through email or any other electronic medium commits the offence of stalking a woman.
Any person who commits the offence of stalking a woman shall be punished with imprisonment for a term of three years, or with a fine or both on the first conviction and on the second conviction the person will be imprisoned for a term of five years or with a fine, or both.

Section 355- Tries to Assault or uses criminal force intending to dishonour a person-

According to section 355 of the Indian Penal Code 1860 any person who tries to assault or use criminal force with an intention to dishonour a person shall be punished with imprisonment for a term of two years or with a fine or both.

Section 356- Tries to Assault or uses criminal force intending to commit theft of property carried by a person-

According to section 356 of the Indian Penal Code 1860 any person who tries to assault or use criminal force in an attempt to commit theft on property shall be punished with imprisonment for a term of one year, or with a fine or both. And the fine may extend to ten thousand rupees.

Conclusion

Criminal conspiracy under IPC means when two persons form an agreement to commit any offence is termed as criminal conspiracy. Section 120B of the IPC deals with the punishment of criminal conspiracy. Criminal Conspiracy is one of the most important topics in the study of law. This article provides a depth of view of criminal conspiracy. Criminal force and assault is given under Section 350 and Section 351 of the Indian Penal Code 1860. Both these offences are grave crimes and are crimes against a person's body.

Frequently Asked Questions (FAQs)

1. What is a criminal conspiracy?

According to Section 120A of the Indian Penal Code 1860 Criminal conspiracy means when two persons form an agreement to commit any offence is termed as criminal conspiracy. Section 120B of the IPC deals with the punishment of criminal conspiracy. Criminal Conspiracy is one of the most important topics in the study of law. This article provides a depth of view of criminal conspiracy.

2. What is an assault?

According to Section 351 of the Indian Penal Code 1860 when a person uses force or gestures intending to hit someone such gestures which imply the preparation to hit or provide damage to someone is known as assault. In an assault, force do not usually touch the other person's body but it implies preparation for the use of force or a motive to hit someone.

3. What is the meaning of criminal force?

4. What do you mean by stalking?

According to section 354D any man who tries to follow and tries to contact a woman repeatedly despite her clear indication of disinterest or tries to monitor a woman on the internet, through email or any other electronic medium commits the offence of stalking a woman.

5. What are the essential ingredients of criminal conspiracy?

The essential ingredients of criminal conspiracy are an agreement between two persons and the commission of an Illegal act.

6. What is section 120B of the IPC?

Criminal conspiracy is defined under this section as an agreement between two or more people to perform an illegal conduct or a legal act using illegal means.

7. What is criminal conspiracy under Evidence act?

The criminal conspiracy under Evidence Act is when two or more persons have committed an offence and provided damages to anyone to do so is considered to be the reasonable grounds to constitute the offence of criminal conspiracy.

8. Can someone be guilty of conspiracy if they later changed their mind?

Yes, once the agreement is made, the crime of conspiracy is complete. Changing one's mind later doesn't negate the initial agreement, though it may be considered in sentencing.

9. Can a person be guilty of conspiracy if they didn't know all the details of the planned crime?

Yes, a person can be guilty of conspiracy even if they don't know all the details. They only need to agree to the general criminal objective.

10. What is the "Pinkerton rule" in conspiracy law?

The Pinkerton rule holds that a conspirator can be held liable for crimes committed by co-conspirators in furtherance of the conspiracy, even if they didn't directly participate in or know about those specific acts.

11. How does the concept of "chain conspiracy" differ from "wheel conspiracy"?

In a chain conspiracy, each person plays a distinct role in a linear sequence of events, like links in a chain. Unlike a wheel conspiracy, participants in a chain may not all have direct contact with a central figure.

12. Can someone be charged with both conspiracy and the underlying crime?

Yes, a person can be charged with both conspiracy and the underlying crime if it was carried out. These are separate offenses under the law.

13. What evidence is typically used to prove conspiracy?

Evidence for conspiracy often includes communications between conspirators, witness testimony, financial transactions, and circumstantial evidence showing coordinated actions.

14. How does the "co-conspirator hearsay exception" work in trials?

This exception allows statements made by one conspirator to be admitted as evidence against all conspirators, even if the person who made the statement doesn't testify. It's based on the idea that conspirators are agents of each other.

15. Can silence or inaction constitute agreement in a conspiracy?

Generally, mere silence or inaction isn't enough to prove agreement in a conspiracy. However, if combined with other circumstances, it might be used as evidence of tacit agreement.

16. How does withdrawal from a conspiracy work legally?

To legally withdraw from a conspiracy, a person must take affirmative steps to disavow or defeat the conspiracy's purpose. Simply stopping participation isn't enough; they must communicate their withdrawal to co-conspirators or authorities.

17. Can a corporation be charged with conspiracy?

Yes, corporations can be charged with conspiracy. This typically involves proving that employees or agents of the corporation agreed to commit a crime on behalf of or for the benefit of the corporation.

18. What's the difference between conspiracy and attempt?

Conspiracy involves an agreement between two or more people to commit a crime, while attempt involves a substantial step toward committing a crime by an individual. Conspiracy focuses on the planning, attempt on the execution.

19. How does conspiracy relate to accomplice liability?

While both involve multiple participants in criminal activity, conspiracy focuses on the agreement to commit a crime, while accomplice liability deals with aiding or encouraging the commission of a crime. A person can be both a conspirator and an accomplice.

20. How does the merger doctrine apply to conspiracy?

The merger doctrine typically doesn't apply to conspiracy. This means a person can be convicted of both conspiracy and the target offense, as they're considered separate crimes.

21. What's the significance of the Wharton's Rule in conspiracy law?

Wharton's Rule states that an agreement by two people to commit a crime that by definition requires two participants cannot be charged as a conspiracy. For example, two people agreeing to commit adultery wouldn't be a separate conspiracy.

22. Can a person conspire with an undercover agent?

Generally, no. Since the undercover agent doesn't actually intend to commit the crime, there's no true "meeting of the minds." However, the person could still be charged with attempt or solicitation.

23. Does a conspiracy charge require the planned crime to be carried out?

No, conspiracy is complete upon agreement. The planned crime doesn't need to be carried out for a conspiracy charge to be valid. The agreement itself is the criminal act.

24. Is an explicit verbal agreement necessary for conspiracy?

No, an explicit verbal agreement isn't necessary. Conspiracy can be inferred from the actions and conduct of the parties involved.

25. What is the "overt act" requirement in conspiracy law?

In many jurisdictions, prosecutors must prove that at least one conspirator took an overt act in furtherance of the conspiracy. This doesn't have to be illegal itself, but must demonstrate intent to carry out the plan.

26. What is a "wheel conspiracy"?

A wheel conspiracy involves a central figure (the "hub") who separately conspires with multiple other individuals (the "spokes"). The spokes may not know about each other but are connected through the central figure.

27. Can someone be guilty of conspiracy if they agreed to commit a crime that was impossible to carry out?

Yes, the impossibility of completing the planned crime doesn't negate a conspiracy charge. The focus is on the agreement and intent, not the feasibility of the plan.

28. What is a "spoke-to-spoke" conspiracy?

A spoke-to-spoke conspiracy occurs when members of a wheel conspiracy (the "spokes") communicate and coordinate with each other directly, not just through the central figure (the "hub").

29. How does the "single conspiracy" doctrine differ from multiple conspiracies?

The single conspiracy doctrine treats what might appear to be multiple related conspiracies as one overarching conspiracy. This is important for issues like double jeopardy and statute of limitations.

30. What is the significance of the "Wharton's Rule" exception in conspiracy law?

The Wharton's Rule exception states that when a crime inherently requires two participants, those two cannot be charged with conspiracy to commit that crime. It's an important limitation on conspiracy charges.

31. How does the concept of "conscious parallelism" relate to conspiracy in antitrust law?

Conscious parallelism refers to similar business practices by competitors that might suggest collusion. However, in antitrust law, conscious parallelism alone isn't enough to prove conspiracy; additional evidence of actual agreement is needed.

32. What is the "intracorporate conspiracy doctrine"?

This doctrine holds that a corporation cannot conspire with its own employees or agents, as they're considered a single legal entity. However, there are exceptions, particularly in civil rights cases.

33. What is the "co-conspirator liability" principle?

Co-conspirator liability holds that each member of a conspiracy can be held responsible for the actions of other members taken in furtherance of the conspiracy, even if they didn't directly participate in or know about those specific actions.

34. Can a person be guilty of conspiracy if they only agreed to commit a minor role in the planned crime?

Yes, the extent of one's role doesn't matter for conspiracy charges. As long as they agreed to participate in some way, no matter how minor, they can be charged with conspiracy.

35. What's the statute of limitations for conspiracy charges?

The statute of limitations for conspiracy varies by jurisdiction and the underlying crime. Generally, it begins to run from the last overt act in furtherance of the conspiracy, not from when the agreement was made.

36. Can a person be guilty of conspiracy if they agreed to commit an act they didn't know was illegal?

Generally, ignorance of the law isn't a defense. If a person agrees to commit an act that turns out to be illegal, they can still be guilty of conspiracy, even if they didn't know the act was against the law.

37. How does the concept of "conditional conspiracy" work?

A conditional conspiracy occurs when the agreement to commit a crime is subject to a certain condition. Even if the condition is never met, the conspiracy itself can still be considered complete upon the conditional agreement.

38. What is criminal conspiracy?

Criminal conspiracy is an agreement between two or more people to commit a crime. It's a separate offense from the crime they plan to commit, focusing on the act of planning rather than execution.

39. Why is conspiracy considered a crime on its own?

Conspiracy is criminalized because it presents a heightened threat to society. When multiple people plan together, they're more likely to follow through and potentially cause greater harm than an individual acting alone.

40. What is a "hub-and-spoke" conspiracy?

A hub-and-spoke conspiracy is similar to a wheel conspiracy, where a central figure (the hub) conspires with multiple others (the spokes). The key difference is that in a hub-and-spoke, there's some connection between the spokes, often through a common plan or understanding.

41. What is a "continuing conspiracy"?

A continuing conspiracy is one that extends over a period of time, often involving multiple criminal acts. It's treated as a single, ongoing conspiracy rather than multiple separate ones.

42. What's the difference between a bilateral and unilateral conspiracy?

In a bilateral conspiracy, all parties must actually agree to commit the crime. In a unilateral conspiracy, it's enough that one person believes they have an agreement with another, even if the other person doesn't actually agree.

43. How does conspiracy differ from solicitation?

Solicitation involves asking or encouraging someone to commit a crime, while conspiracy requires an agreement between two or more people to commit a crime. Solicitation can be committed by one person alone.

44. How does the concept of "meeting of the minds" apply in conspiracy law?

"Meeting of the minds" refers to the mutual agreement or understanding between conspirators. It doesn't require a formal or explicit agreement, but there must be a shared intention to carry out the criminal plan.

45. Can a person be guilty of conspiracy if they agreed to the plan but secretly intended to back out later?

Yes, the crime of conspiracy is complete upon agreement. Secret intentions to back out later don't negate the initial agreement and thus don't prevent a conspiracy charge.

46. How does conspiracy relate to RICO (Racketeer Influenced and Corrupt Organizations Act) charges?

RICO often involves charges of conspiracy to engage in a pattern of racketeering activity. It extends conspiracy law by allowing prosecutors to tie together multiple crimes committed by a criminal enterprise.

47. Can a person be guilty of conspiracy if they agreed to commit a crime but were physically unable to participate?

Yes, physical inability to participate doesn't negate the crime of conspiracy. The agreement itself is the criminal act, regardless of the person's ability to actually carry out the planned crime.

48. What is the significance of the "plurality requirement" in conspiracy law?

The plurality requirement states that conspiracy typically requires at least two people to agree. This distinguishes it from crimes that can be committed by a single individual.

49. How does the concept of "chain conspiracy" apply in drug trafficking cases?

In drug trafficking cases, chain conspiracy often refers to the linked series of transactions from supplier to distributor to seller. Each participant can be considered part of the overall conspiracy, even if they don't know all other members.

50. What is a "multi-object conspiracy"?

A multi-object conspiracy involves an agreement to commit multiple crimes. Participants can be charged with conspiracy even if they only agreed to some, but not all, of the planned criminal acts.

51. How does the "concert of action" theory relate to conspiracy?

The concert of action theory suggests that when multiple people act together with a common purpose, each can be held liable for the actions of the others. This concept underlies much of conspiracy law.

52. Can a person be guilty of conspiracy if they agreed to commit a crime but later forgot about it?

Yes, once the agreement is made, the crime of conspiracy is complete. Forgetting about it later doesn't negate the initial agreement or prevent a conspiracy charge.

53. What is the significance of the "overt act" requirement in federal conspiracy law?

In federal conspiracy law, the overt act requirement helps prove the conspiracy wasn't just talk. It demonstrates that at least one conspirator took a step, however small, towards carrying out the plan.

54. How does the concept of "vicarious liability" apply in conspiracy cases?

Vicarious liability in conspiracy cases means that each conspirator can be held responsible for the reasonably foreseeable crimes committed by co-conspirators in furtherance of the conspiracy, even if they didn't directly participate.

55. What is a "Klein conspiracy" in tax law?

A Klein conspiracy, named after a U.S. Supreme Court case, refers to a conspiracy to impede or obstruct a lawful government function, particularly the IRS in its collection of taxes and enforcement of tax laws.

56. How does the "bilateral-unilateral" debate in conspiracy law affect charges against someone who agrees with an undercover agent?

In jurisdictions following the bilateral approach, agreement with an undercover agent who doesn't actually intend to commit the crime wouldn't constitute conspiracy. However, under the unilateral approach, the defendant's belief in the agreement is sufficient for a conspiracy charge.

57. What is the "Wharton's Rule" exception to the "concert of action" principle in conspiracy law?

Wharton's Rule is an exception to the general principle that conspiring to commit a crime is itself a crime. It states that when a crime inherently requires two participants, those two cannot be charged with conspiracy to commit that specific crime, as the agreement is already part of the substantive offense.