criminal conspiracy

Section 61 BNS (old ss.120A and 120B IPC) defines and punishes it. The agreement itself is the offence when it is to commit an offence; for other illegal acts some act besides the agreement must be done in pursuance of it. Conspirators need not all know every detail or join at the same time.

Direct proof of agreement is rare, so it is usually inferred from circumstances and conduct. Anything said, done or written by one conspirator in reference to the common design, after it was formed, is relevant against all (s.8 BSA, old s.10 Evidence Act). Distinguish common intention, which needs a criminal act done by all in furtherance; and abetment by conspiracy (s.45 BNS), which needs an act or illegal omission in pursuance of it.

Example

The messages exchanged by the three accused planning the robbery are admissible against each of them under section 8 BSA to prove criminal conspiracy.

In Indian law

• Section 61, Bharatiya Nyaya Sanhita, 2023 (old ss.120A and 120B IPC)
• Section 8, Bharatiya Sakshya Adhiniyam, 2023 (old s.10, Evidence Act) (things said or done by conspirator in reference to common design)

See also

common intention · abetment · mens rea

Read more in the study notes

• Criminal conspiracy and attempt (Bharatiya Nyaya Sanhita)
• Cognizance, dismissal of complaints, commencement of proceedings and limitation (Bharatiya Nagarik Suraksha Sanhita)
• Crime: meaning, elements and stages (Bharatiya Nyaya Sanhita)
• Abetment (Bharatiya Nyaya Sanhita)
• Abetment of suicide, organised crime and terrorist act (Bharatiya Nyaya Sanhita)
• Offences against the State (Bharatiya Nyaya Sanhita)