IPC Section 120A

IPC Section 120A deals with the concept of criminal conspiracy in Indian law. It defines when two or more persons agree to commit an illegal act or a legal act by illegal means, making the agreement itself a punishable offence. Understanding this section is crucial because conspiracy often precedes serious crimes and helps law enforcement intervene early.

This section lays the foundation for prosecuting conspirators even before the crime is executed, emphasizing the importance of intent and agreement in criminal liability. It plays a vital role in maintaining public order by deterring collective criminal planning.

IPC Section 120A – Exact Provision

In simple terms, IPC Section 120A states that if two or more people come together and agree to commit a crime or to do something legal but through illegal methods, that agreement itself is a crime. The law focuses on the agreement or plan rather than the actual commission of the crime.

• Defines criminal conspiracy as an agreement between two or more persons.

• Includes agreements to commit illegal acts or legal acts by illegal means.

• Criminalizes the agreement itself, not just the act.

• Forms the basis for prosecuting conspirators.

Purpose of IPC Section 120A

The main legal objective of IPC Section 120A is to prevent crimes by penalizing the formation of criminal plans. By targeting the agreement stage, the law aims to disrupt criminal activities before they occur. It helps law enforcement agencies act proactively against groups planning unlawful acts.

• To deter collective planning of crimes.

• To enable early intervention by authorities.

• To establish liability based on the agreement, not only the act.

Cognizance under IPC Section 120A

Cognizance of offences under Section 120A is generally taken when there is credible evidence of an agreement to commit a crime. Courts require proof of the conspiracy agreement, which can be inferred from actions or communications.

• Cognizance can be taken on police reports or complaints.

• Requires evidence of an agreement or meeting of minds.

• Courts may take cognizance even if the crime is not completed.

Bail under IPC Section 120A

Offences under IPC Section 120A are generally non-bailable due to their serious nature involving criminal planning. However, bail may be granted depending on the facts and the nature of the conspiracy.

• Bail is not a matter of right but discretion of the court.

• Courts consider the gravity of the conspiracy and evidence.

• Early bail may be denied to prevent tampering with evidence.

Triable By (Which Court Has Jurisdiction?)

Cases under IPC Section 120A are triable by Sessions Courts because conspiracy often relates to serious offences. Magistrate courts may handle preliminary inquiries but the trial usually proceeds in higher courts.

• Sessions Court tries major conspiracy cases.

• Magistrate Court may conduct initial hearings.

• Special courts may be involved if linked to specific offences.

Example of IPC Section 120A in Use

Suppose three individuals agree to illegally smuggle goods across state borders. Even if they have not yet executed the plan, the agreement itself constitutes criminal conspiracy under Section 120A. If caught during planning, they can be prosecuted for conspiracy. Conversely, if one person acts alone without any agreement, Section 120A does not apply.

Historical Relevance of IPC Section 120A

Section 120A was introduced in the Indian Penal Code to codify the concept of conspiracy, which was recognized under common law. It has evolved through judicial interpretations to clarify the scope of agreement and intent.

• Introduced in IPC, 1860 to define conspiracy.

• Key cases refined the meaning of 'agreement' and 'illegal means'.

• Judicial precedents expanded its application over time.

Modern Relevance of IPC Section 120A

In 2025, IPC Section 120A remains vital in combating organized crime, terrorism, and corruption. Courts have interpreted it to include electronic communications as evidence of conspiracy. It helps authorities tackle crimes planned through modern technology.

• Includes digital evidence of conspiracy.

• Used in anti-terrorism and anti-corruption cases.

• Supports preventive legal action against criminal groups.

Related Sections to IPC Section 120A

• Section 120B – Punishment for criminal conspiracy

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

• Section 121 – Waging war against the Government of India

• Section 124A – Sedition

• Section 153A – Promoting enmity between groups

• Section 409 – Criminal breach of trust by public servant

Case References under IPC Section 120A

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

   – The Supreme Court held that a clear agreement between parties is essential to establish conspiracy.

2. State of Maharashtra v. Som Nath Thapa (1974 AIR 1577, SC)

   – The Court emphasized that the act of conspiracy can be inferred from circumstances and conduct.

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

   – Though a UK case, it influenced Indian courts on the interpretation of common intention in conspiracies.

Key Facts Summary for IPC Section 120A

• Section:

  120A

• Title:

  Definition of Criminal Conspiracy

• Offence Type:

  Non-bailable; Cognizable

• Punishment:

  Defined under Section 120B; varies with offence

• Triable By:

  Sessions Court

Conclusion on IPC Section 120A

IPC Section 120A plays a foundational role in Indian criminal law by defining the offence of criminal conspiracy. It criminalizes the agreement to commit illegal acts, enabling law enforcement to act before the crime is executed. This preventive approach is essential for maintaining law and order.

With evolving crime methods, including digital planning, Section 120A remains highly relevant. It supports prosecution of organized crime and terrorism, reflecting the law’s adaptability. Understanding this section helps citizens and legal professionals grasp how collective criminal intent is addressed.

FAQs on IPC Section 120A

What is criminal conspiracy under IPC Section 120A?

It is an agreement between two or more persons to commit an illegal act or a legal act by illegal means, making the agreement itself a punishable offence.

Is the actual crime necessary to prove conspiracy?

No, the offence under Section 120A is the agreement to commit a crime, even if the crime is not carried out.

Who can be charged under Section 120A?

Any person who enters into an agreement with others to commit an illegal act or legal act by illegal means can be charged.

Is conspiracy under Section 120A bailable?

Generally, offences under Section 120A are non-bailable, but bail depends on the court’s discretion and case facts.

Which court tries offences under Section 120A?

Sessions Courts usually try offences under Section 120A, as conspiracy often involves serious crimes.