Section 120B IPC (Criminal Conspiracy): Meaning, Proof and Punishment (2026)
What Section 120B IPC says, what the prosecution must prove, how the punishment works, how bail and quashing are approached, and where the law now sits under the BNS. Last verified October 2026.
Legal Explainer · Indian Penal Code
Section 120B IPC is the punishment section for criminal conspiracy. It is added to many serious charges, from fraud to murder, because the prosecution only has to show an agreement, not that the crime was finished. That makes it easy to add to a charge sheet and hard to defend if you do not know what the prosecution must actually prove. This page explains the section in plain words, with the BNS 2023 equivalent. Last verified: October 2026.
- Section 120A defines criminal conspiracy: an agreement to do an illegal act, or a legal act by illegal means.
- Section 120B sets the punishment: same as abetment for serious offences, up to 6 months, fine or both for others.
- Proof: usually by circumstances, since direct proof of an agreement is rare.
- BNS 2023: Section 61 (definition and punishment together). Numbers and wording may differ, so verify.
01What Section 120B IPC says
Criminal conspiracy is dealt with in two connected sections of the Indian Penal Code, 1860. Section 120A defines it. Section 120B sets the punishment.
Section 120A: the definition
When two or more persons agree to do, or cause to be done, an illegal act, or a legal act by illegal means, the agreement is called a criminal conspiracy. The agreement itself is the core of the offence.
There is a proviso. If the agreement is to commit an offence, no further act is needed beyond the agreement. If the agreement is to do an illegal act that is not an offence, some act besides the agreement must be done by one or more parties.
Section 120B: the punishment
Section 120B has two limbs. The first applies when the conspiracy is to commit a serious offence, meaning one punishable with death, imprisonment for life, or rigorous imprisonment for two years or more. There the conspirator is punished as if he had abetted that offence, unless the Code gives a separate punishment for the conspiracy. The second limb covers every other conspiracy and carries imprisonment of up to six months, or a fine, or both.
Where it is used
Section 120B is rarely charged alone. It is usually read with the main offence, such as cheating, forgery, murder or a corruption offence. For the sibling provision on shared intention, see Section 34 IPC (common intention).
02Key ingredients of criminal conspiracy
To make out the offence, the prosecution has to establish these points.
- Two or more persons. One person cannot conspire alone. If the others are acquitted, a lone remaining accused usually cannot be convicted of conspiracy, unless others unknown or not tried are shown to be parties.
- An agreement. There must be a meeting of minds to do the unlawful thing. Mere knowledge, suspicion or association is not enough.
- An illegal object, or illegal means. The aim is an illegal act, or a legal act done by illegal means.
- An overt act, only in some cases. Where the agreement is to commit an offence, the agreement alone is enough. For other illegal acts, an act in pursuance of the agreement is needed.
The gist of the offence is the agreement. The crime planned does not have to be carried out.
03How conspiracy is proved in court
Conspirators rarely sign papers or announce their plan. Courts accept that direct proof of the agreement is seldom available, so conspiracy is usually proved by circumstances. These must point firmly to a common plan.
Circumstantial evidence
Courts look at the conduct of the accused before, during and after the act, their meetings, calls, money trails and documents. The chain of circumstances must be complete and must point only to guilt.
Section 10 of the Evidence Act
Once reasonable ground exists to believe that two or more persons conspired, anything said, done or written by any one of them in reference to the common plan is relevant against all. This is why one accused’s act can be used against another. Under the new law, the Bharatiya Sakshya Adhiniyam, 2023, the equivalent provision may carry a different number.
Cases courts commonly cite
Practitioners often rely on Supreme Court rulings such as Kehar Singh v. State (Delhi Administration) on proof by circumstances, and State of Maharashtra v. Som Nath Thapa on what the prosecution must show to frame a charge of conspiracy. Always read the full judgment and check it is still good law before citing.
04Punishment, and whether it is cognizable or bailable
Because the punishment under Section 120B(1) follows the offence planned, there is no single fixed term. The table below shows how it works.
| Situation | Punishment | Cognizable / bailable / triable by |
|---|---|---|
| Conspiracy to commit an offence punishable with death, life, or RI of 2 years or more (120B(1)) | Same as for abetment of that offence | Follows the offence conspired; see First Schedule CrPC |
| Any other criminal conspiracy (120B(2)) | Up to 6 months, or fine, or both | Non-cognizable, bailable, Magistrate of the first class |
In practice, whether the case is cognizable and bailable depends on the main offence. A conspiracy to commit murder is treated like abetment of murder, which is serious and non-bailable. A conspiracy to commit a minor offence is treated very differently. Always check the offence the conspiracy is linked to.
05Bail, defence and quashing
Bail
Bail depends on the underlying offence. Courts weigh the seriousness of the charge, the role attributed to the accused, the evidence of an actual agreement and the risk of tampering. A vague allegation that an accused “was part of the conspiracy” carries less weight than specific meetings, messages or payments.
Common defences
- No agreement, only coincidence or association.
- Only one person is left after others are acquitted.
- The evidence shows knowledge, but not a shared plan.
- Statements of co-accused relied on without independent support.
Quashing
Where the FIR or charge sheet does not disclose any agreement even if taken at face value, the High Court may be asked to quash the proceedings. Under the CrPC this power was in Section 482. Under the BNSS 2023 it sits in a different section number. See the CrPC to BNSS section mapping to check.
Lawyers handling many conspiracy matters at once may also want a proper system to track dates and orders. See case management software for criminal lawyers.
06BNS 2023 equivalent: Section 61
The Bharatiya Nyaya Sanhita, 2023 replaced the IPC for offences committed on or after 1 July 2024. It folds Sections 120A and 120B together into Section 61 BNS. Section 61(1) carries the definition and Section 61(2) carries the punishment, with the same two-tier structure as before.
| Old law (IPC) | New law (BNS) | What it covers |
|---|---|---|
| Section 120A | Section 61(1) | Definition of criminal conspiracy |
| Section 120B | Section 61(2) | Punishment for criminal conspiracy |
Important note: section numbers can differ between the old and new codes, and wording can change slightly. Offences committed before 1 July 2024 are still tried under the IPC. Always confirm the section against the official text on India Code.
For the full table of changes, see our IPC to BNS section mapping. A related provision, abetment of suicide, is explained in Section 306 IPC and its BNS equivalent.
07Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
For a section like 120B, the work is in finding how courts have treated proof of agreement, and then tracking your own matters. Claw covers 9,102 forums, with a search over 30 crore+ judgments that returns results in under 5 seconds. You can search by the legal question, not just keywords, and track related cases by party name. Claw has a free plan for individual advocates. Create a FREE Claw account to search 30 crore+ judgments on this section and track related cases by party name.
08Sources and further reading
- India Code (bare acts): indiacode.nic.in
- Supreme Court of India (official judgments): sci.gov.in
- Claw: clawlaw.in
This page is general information, not legal advice. Check the current bare act and the latest judgments before relying on any point.
09Frequently asked questions
What is Section 120B IPC?
Section 120B IPC is the punishment section for criminal conspiracy. Section 120A defines the offence as an agreement between two or more persons to do an illegal act, or a legal act by illegal means. Section 120B sets the punishment, which depends on the offence planned.
Is the crime required to be completed for 120B?
No. For an agreement to commit an offence, the agreement itself is enough. The planned crime need not be carried out. For an illegal act that is not an offence, some act in pursuance of the agreement is also needed.
What is the punishment under Section 120B?
If the conspiracy is to commit an offence punishable with death, life imprisonment or rigorous imprisonment of two years or more, the punishment is the same as for abetting that offence. For other conspiracies, it is up to six months, or fine, or both. Confirm against the bare act.
Is Section 120B bailable?
It depends on the offence conspired. Under 120B(1) the classification follows that offence, so it can be non-bailable for serious crimes. The lesser limb is generally treated as bailable. Check the First Schedule and the facts of your case.
What is the BNS equivalent of Section 120B IPC?
Section 61 of the Bharatiya Nyaya Sanhita, 2023 covers criminal conspiracy, combining the old Sections 120A and 120B. Section numbers can differ, so verify on India Code. Offences before 1 July 2024 stay under the IPC.
Can one person be convicted of criminal conspiracy?
Generally no, because conspiracy needs two or more persons. If all others are acquitted, a lone accused usually cannot be convicted, unless other parties not before the court are shown to be involved.