🔍 Section 126 – Criminal Conspiracy under Bharatiya Nyaya Sanhita (BNS), 2023

🔷 Introduction

Criminal conspiracy is one of the most complex and misunderstood concepts in criminal law. It represents the meeting of criminal minds rather than physical actions. Section 126 of the Bharatiya Nyaya Sanhita (BNS), 2023, deals with this offence and replaces Section 120A and 120B of the Indian Penal Code (IPC), 1860.

Unlike theft, assault, or murder, conspiracy punishes a plan—even before the crime is committed. This makes it both preventive and controversial. It also plays a crucial role in combating terrorism, corporate fraud, organized crime, and political sabotage.

📜 Text of Section 126 – BNS, 2023

"When two or more persons agree to do, or cause to be done—
(a) an illegal act; or
(b) a legal act by illegal means,
such an agreement is designated a criminal conspiracy."

Provided that no agreement other than 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.

Punishment:

If the object is an offence: same as for that offence

Otherwise: imprisonment up to 6 months, or fine, or both

🧩 Ingredients of Criminal Conspiracy

To prove conspiracy under Section 126, the following elements must be present:

Element	Explanation
Two or more persons	A single person cannot conspire alone
Agreement	Mutual consent to commit or help in a crime
Illegal act or legal act by illegal means	The object must be criminal or dishonest
Intent	The intention to commit an unlawful act

Mere knowledge or association is not enough—there must be an agreement to break the law.

🧠 What Makes Conspiracy Unique?

No need for actus reus (action): The agreement itself is punishable.
Secretive by nature: Often proven through circumstantial evidence.
Flexible charge: Can be added to any crime (e.g., conspiracy to murder, conspiracy to defraud).
Not limited by location: Can include persons acting across borders.

🧪 Examples of Criminal Conspiracy

🔹 Example 1: Political Assassination Plan

Two individuals plan to kill a political leader. Even if the attempt fails or is not executed, the agreement itself is punishable.

🔹 Example 2: Examination Fraud

A group conspires to leak question papers. Even if no paper is leaked yet, the agreement and preparatory steps can trigger conspiracy charges.

🔹 Example 3: Terror Funding

An NGO conspires to collect funds and divert them to terrorist groups. This falls under criminal conspiracy and terrorism laws.

🧑‍⚖️ Landmark Judgments

1. State v. Nalini (Rajiv Gandhi Assassination Case)

The Supreme Court emphasized that conspiracy is hatched in secrecy and thus must be proved by circumstantial evidence. The involvement of multiple individuals through coordinated acts was used to prove the conspiracy.

2. Kehar Singh v. Union of India (1988)

Kehar Singh was convicted for conspiring to assassinate then Prime Minister Indira Gandhi. The court observed that a mere agreement between conspirators, even without overt acts, was sufficient.

3. R. v. Anderson (UK Case)

A co-conspirator claimed he had no intent to carry out the act. The court ruled that participation in planning was enough to sustain conviction.

🔄 Difference Between Abetment and Conspiracy

Feature	Abetment	Criminal Conspiracy
Nature	Aid, instigate, or encourage	Agreement to commit an offence
Minimum people	Can be by a single person	Minimum two persons required
Execution	Can occur even without agreement	Requires agreement
Punishment	Usually lesser	Same as the intended offence if proven

🔎 Evidence in Conspiracy Cases

Conspiracy is hard to prove with direct evidence. Courts often rely on:

Telephone records and messages
Emails and encrypted chats
Money trails and financial transactions
Surveillance footage
Testimony of co-conspirators
Confessions under Section 164 CrPC

🛑 Procedural Aspects

Parameter	Details
Type of offence	Cognizable
Bailable?	Depends on the underlying offence
Triable by	Court of Sessions or Magistrate (based on offence)
Compoundable?	No, unless offence is compoundable

If the conspiracy is for a serious crime (like terrorism or murder), all procedural aspects follow that main offence.

🧾 Punishment under Section 126

Type of Conspiracy	Punishment
To commit an offence	Same as that offence
To do a legal act by illegal means	Up to 6 months, or fine, or both
Mere discussion without action	Not punishable unless intent + act proven
Continuing conspiracy	Can be prosecuted even after some members drop out

📚 Examples of Charges under Section 126

🔸 Corporate Fraud Case

Senior executives at a firm conspire to manipulate share prices. Conspiracy charges apply even if the actual fraud is later prevented.

🔸 Drug Smuggling Ring

Multiple persons plan and execute the smuggling of narcotics. Each one can be charged with both smuggling and criminal conspiracy.

🔸 Political Unrest

Planning large-scale protests with the intention to cause riots may attract conspiracy charges if there's a clear agreement and evidence of preparation.

🏛️ Constitutional Validity

Criminal conspiracy has faced criticism as being vague. However, it has passed constitutional tests in various judgments:

Courts have held that Article 19(1)(a) freedom of speech does not extend to planning crimes.
Article 21 (right to life) remains protected through legal safeguards—accused must be given fair trial.
The provision is not arbitrary, as it requires intent, agreement, and purpose.

⚠️ Misuse and Safeguards

✅ Legitimate Use:

In terrorism, organized crime, corruption, espionage
Preventing large-scale crimes at the planning stage

❌ Misuse:

To target political opponents
Against protestors or activists without sufficient evidence
Used as a tool for prolonged harassment

🔐 Safeguards:

Courts must look for clear intent
Accused has the right to legal representation
False or baseless conspiracy charges can be challenged under Article 226

🌍 Global Comparison

Country	Law on Conspiracy	Remarks
🇺🇸 USA	18 U.S. Code § 371	Requires overt act beyond agreement
🇬🇧 UK	Criminal Law Act, 1977	Broader scope; includes economic offences
🇨🇦 Canada	Criminal Code § 465	Includes conspiracy to commit summary offences
🇦🇺 Australia	Criminal Code Act 1995	Heavily used in anti-terror law

India’s BNS 2023 remains in line with global standards, especially in terms of proportional punishment and definition clarity.

🧠 Special Considerations

🔸 Conspiracy with Foreign Nationals

If conspiracy is hatched outside India but executed or planned against Indian laws, Indian courts still have jurisdiction.

🔸 Withdrawal from Conspiracy

Withdrawal is valid only if:

It happens before any offence is committed
The person takes concrete steps to dissociate

Simply walking away without reporting the conspiracy is not enough.

🔸 Corporate Conspiracy

Companies can be charged if:

Directors or employees act in agreement
There’s benefit to the company
There is proof of involvement

📌 Recent High-Profile Cases Involving Criminal Conspiracy Charges

Case	Allegation
Delhi Riots 2020	Multiple accused charged under conspiracy for planning riots
Yes Bank Scam	Accused involved in conspiracy to divert public funds
Bollywood Drug Nexus	Some celebrities alleged to have conspired in illegal drug use (case ongoing)

Many of these are politically sensitive, highlighting the need for careful legal scrutiny.

🔄 Judicial Approach to Conspiracy

Courts in India have laid down key principles:

Inference from conduct – Conspiracies are rarely documented.
Timing matters – If agreement precedes the act, it strengthens conspiracy charge.
Ongoing nature – New members can join an existing conspiracy; they are equally liable.
Independent roles – Each conspirator need not be involved in all acts.

✅ Conclusion

Section 126 of the Bharatiya Nyaya Sanhita, 2023, is a powerful legal tool designed to preempt crimes before they occur. It recognizes that modern offences—from terror networks to white-collar scams—often begin with planning, not action.

By penalizing the criminal agreement itself, it acts as a deterrent and a shield. However, its potential for misuse also demands that courts apply it with caution, clarity, and fairness.

In sum, criminal conspiracy under Section 126 reflects India's evolution into a nation prepared to combat crime at its roots—within the minds of criminals, before the crime hits the streets.

📖 Coming Up Next:

➡️ Section 127 – Punishment for Attempting to Commit Offences Punishable with Life Imprisonment or Other Severe Punishments

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