Criminal Conspiracy has been defined vide Section 120-A of the Indian Penal Code.
The Indian Penal Code defines Criminal Conspiracy as “When two or more persons agree to do, or cause to be done-
1) an illegal act, or
2) an act which is not illegal by illegal means , such an agreement is designated a criminal conspiracy;
Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof.”
Though Conspiracy was initially considered as a civil wrong, but later it was brought under the ambit of Indian Criminal Law.
Conspiracy, per se, was not an offence under the IPC until the Criminal Law Amendment Act of 1913 was passed which added the Sections 120-A and 120-B to the Penal Code.
However, the Law Commission of India has suggested the following definition for Criminal Conspiracy:-
“ When two or more persons agree to commit an offence punishable with death, imprisonment for life, or imprisonment of either description for a term of two years or upwards, or to cause such an offence to be committed, the agreement is designated a criminal conspiracy.”
