IPC Section 120

IPC Section 120 addresses the offence of criminal conspiracy. It applies when two or more individuals agree to commit an illegal act or a legal act through illegal means. This section is crucial because it punishes the agreement itself, even if the planned crime is not executed. Understanding this section helps in grasping how the law prevents collective criminal planning.

Criminal conspiracy is significant in Indian law as it targets the root of many crimes—collaboration. By penalizing the agreement to commit a crime, the law aims to deter groups from planning unlawful acts.

IPC Section 120 – Exact Provision

In simple terms, IPC Section 120 says that if two or more people come together and agree to commit a crime or to do something legal but by illegal methods, they are guilty of criminal conspiracy. The crime lies in the agreement itself, regardless of whether the act is carried out.

• Involves agreement between two or more persons.

• Agreement can be to commit an illegal act or legal act by illegal means.

• Focuses on the intention and plan, not just the execution.

• Criminal conspiracy is an independent offence.

Purpose of IPC Section 120

The main legal objective of IPC Section 120 is to prevent crimes that arise from collective planning. It aims to punish the agreement to commit a crime, thereby stopping conspiracies before they materialize. This section strengthens law enforcement by addressing the root cause of many criminal acts—collusion.

• Deters groups from planning crimes together.

• Allows early intervention before crime execution.

• Protects public order by penalizing unlawful agreements.

Cognizance under IPC Section 120

Cognizance of criminal conspiracy is generally taken by courts when there is credible evidence of an agreement to commit a crime. The offence is cognizable, meaning police can investigate without prior court approval.

• Police can register FIR and start investigation without magistrate’s order.

• Court takes cognizance upon receiving police report or complaint.

• Requires proof of agreement and intent to commit crime.

Bail under IPC Section 120

Offence under IPC Section 120 is usually non-bailable due to its serious nature involving planned criminal activity. However, bail may be granted depending on the facts and circumstances of the case.

• Bail is not a matter of right; it depends on court discretion.

• Court considers nature of conspiracy and evidence strength.

• Early bail may be difficult if offence is serious.

Triable By (Which Court Has Jurisdiction?)

Cases under IPC Section 120 are triable by Sessions Courts because criminal conspiracy often involves serious offences. Magistrate courts may try minor conspiracies if linked to less serious crimes.

• Sessions Court tries serious conspiracy cases.

• Magistrate Court may try minor related offences.

• High Courts hear appeals from Sessions Courts.

Example of IPC Section 120 in Use

Suppose three individuals agree to rob a bank. They plan the robbery in detail but are caught before executing the plan. Even though the robbery was not attempted, they can be charged under IPC Section 120 for criminal conspiracy. If, however, they only discussed harmless ideas without intent, they may not be guilty.

In contrast, if two people merely talk about a plan without any concrete agreement, it may not amount to conspiracy. The presence of a clear agreement is key.

Historical Relevance of IPC Section 120

IPC Section 120 has roots in British colonial law designed to curb organized crime and rebellion. It has evolved to cover a wide range of conspiracies beyond political offences.

• Introduced in IPC, 1860, reflecting colonial concerns.

• Expanded through judicial interpretations over decades.

• Landmark cases clarified scope and mens rea requirements.

Modern Relevance of IPC Section 120

In 2025, IPC Section 120 remains vital for tackling organized crime, terrorism, and white-collar conspiracies. Courts interpret it to balance individual rights and public safety.

• Used against cybercrime conspiracies and terror plots.

• Courts emphasize proof of agreement and intent.

• Supports preventive justice by penalizing planning stages.

Related Sections to IPC Section 120

• Section 120A – Definition of Criminal Conspiracy

• Section 121 – Waging War against the Government

• Section 34 – Acts done by several persons in furtherance of common intention

• Section 409 – Criminal breach of trust by public servant

• Section 420 – Cheating and dishonestly inducing delivery of property

• Section 302 – Punishment for Murder (when conspiracy leads to murder)

Case References under IPC Section 120

1. K. M. Nanavati v. State of Maharashtra (1962 AIR 605, SC)

   – The Court held that conspiracy requires proof of an agreement to commit an illegal act with intent.

2. State of Maharashtra v. Som Nath Thapa (1974 AIR 1579, SC)

   – Clarified that mere preparation is not conspiracy; there must be an agreement.

3. R. v. Jogee (2016 UKSC 8)

   – Although a UK case, it influenced Indian courts on the importance of intention in conspiracy.

Key Facts Summary for IPC Section 120

• Section:

  120

• Title:

  Criminal Conspiracy

• Offence Type:

  Non-bailable; Cognizable

• Punishment:

  Varies depending on offence conspired; can include imprisonment and fines

• Triable By:

  Sessions Court (primarily), Magistrate Court (in minor cases)

Conclusion on IPC Section 120

IPC Section 120 plays a crucial role in Indian criminal law by targeting the planning and agreement stage of crimes. It helps law enforcement intervene early and prevent crimes before they occur. This section underscores the importance of intent and collective responsibility in criminal acts.

Its application ranges from minor conspiracies to serious offences like terrorism and murder. As crime becomes more organized, IPC Section 120 remains a powerful tool to uphold law and order in modern India.

FAQs on IPC Section 120

What is the main element required to prove criminal conspiracy under IPC Section 120?

The key element is an agreement between two or more persons to commit an illegal act or a legal act by illegal means, along with intent to carry out the plan.

Is it necessary that the crime planned under conspiracy must be executed?

No, the offence lies in the agreement itself. Even if the crime is not executed, the conspirators can be punished under Section 120.

Can a single person be charged under IPC Section 120?

No, criminal conspiracy requires at least two persons agreeing to commit a crime. A single individual cannot be charged under this section alone.

Is IPC Section 120 a cognizable offence?

Yes, criminal conspiracy is a cognizable offence, allowing police to investigate without prior court approval.

Which court tries offences under IPC Section 120?

Serious conspiracy cases are tried by Sessions Courts, while minor related offences may be tried by Magistrate Courts.