🔍 Section 129 – Criminal Conspiracy under the Bharatiya Nyaya Sanhita (BNS), 2023

Category: Criminal Law
Language: English
Word Count: ~3000
Published by: Legal India 999

📘 Introduction

Criminal conspiracy is one of the most powerful tools in modern criminal jurisprudence. It targets not just those who commit the crime but those who plan it behind closed doors. Under the Bharatiya Nyaya Sanhita (BNS), 2023, Section 129 brings forward a revised and modernized version of Sections 120A and 120B of the Indian Penal Code (IPC), 1860.

This provision aims to punish agreements to commit illegal acts—even if the act is not ultimately carried out. Conspiracy represents the idea that crime is not only committed with action but also with shared intention and unlawful agreement.

This blog explores Section 129 in detail, covering legal definitions, elements, punishments, differences from abetment and common intention, landmark cases, procedural aspects, and practical examples.

📜 Text of Section 129 – Criminal Conspiracy (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 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."

🧩 Key Elements of Criminal Conspiracy under Section 129

To constitute a criminal conspiracy, the following essential elements must be present:

Two or more persons must be involved.
There must be an agreement.
The agreement must be to do either:
- an illegal act, or
- a legal act by illegal means.
If the conspiracy is not to commit an offence, then an overt act must be committed in pursuance of the conspiracy.

🧠 What is Criminal Conspiracy?

Criminal conspiracy is an offence of agreement. It punishes the mere act of planning and conspiring, regardless of whether the plan is executed. This provision is meant to deter collusive criminal planning, especially in:

Terrorist activities
Corporate fraud
Political assassinations
Economic offences
Organized crime rings

🔍 Types of Criminal Conspiracies

1. Conspiracy to Commit an Offence

Here, the mere agreement is enough. No need for an overt act.

Example: Two people agree to kidnap a businessman. Even without carrying out the kidnapping, the agreement itself is punishable.

2. Conspiracy to Do a Legal Act by Illegal Means

If the act is legal but the means are not, and there is no direct offence planned, an overt act is required.

Example: Two people conspire to legally obtain land documents but plan to bribe officials in the process.

🏛️ Evolution from IPC: Section 120A and 120B

Under the IPC:

Section 120A defined criminal conspiracy.
Section 120B prescribed punishment.

The BNS consolidates and simplifies these into Section 129, making interpretation easier for courts and practitioners.

🔎 Illustration of Section 129

A and B agree to rob a bank. Before the robbery, A purchases weapons and B arranges for a getaway vehicle. Even if the robbery is not committed, both are guilty of criminal conspiracy.

In another case, X and Y agree to obtain a government contract by bribing an officer. The act of paying the bribe makes the conspiracy punishable.

⚖️ Punishment for Criminal Conspiracy under Section 129

Punishment under Section 129 is graded based on the gravity of the intended offence:

1. If the conspiracy is to commit a serious offence:

Same punishment as the offence itself.

Conspiracy to commit murder → life imprisonment or death
Conspiracy to commit robbery → up to 10 years

2. If the conspiracy is for any other illegal act or legal act by illegal means:

Up to 6 months imprisonment, or fine, or both.

This differentiation ensures proportional punishment based on intent and context.

📊 Comparison: Conspiracy vs Abetment vs Common Intention

Element	Criminal Conspiracy	Abetment	Common Intention
Definition	Agreement to commit illegal act	Instigation, aid, or conspiracy	Joint participation in offence
Number of Persons	Minimum two	One or more	Two or more
Overt Act Required	Only if not for an offence	Yes	Yes
Stage	Planning	Before or during offence	During offence
Punishment	As per target offence	As per act abetted	As per committed act

📚 Landmark Judgments on Criminal Conspiracy

1. State v. Nalini (Rajiv Gandhi Assassination Case) – (1999)

The Supreme Court held that conspiracy can be proved by circumstantial evidence, as direct evidence is rare.

2. Kehar Singh v. State (1988)

Convicted for conspiracy to assassinate Prime Minister Indira Gandhi. Established that knowledge of the plan and mental agreement is enough.

3. Yashpal Mittal v. State of U.P. (1973)

The court ruled that conspirators need not be present at the same place and time to form a conspiracy.

🛡️ Legal Safeguards in Conspiracy Prosecutions

✅ Proof Required

Direct proof is rare.
Circumstantial evidence must be cogent and unbroken.
Communication, meetings, bank records, and witness testimony are commonly used.

❗ Protection from Abuse

Courts must guard against:

False implication in politically motivated cases
Weak or fabricated evidence
Broad interpretation without clear link to agreement

🧪 Case-Based Examples of Section 129

1. Corporate Fraud

CEO and CFO conspire to inflate company revenues to mislead shareholders. Even if the fraud is not executed, the agreement plus any act (like falsifying one report) makes them liable.

2. Terrorism

Planning a bombing with procurement of explosives—even if the act is foiled—is criminal conspiracy.

3. Political Conspiracy

Plotting to harm a rival leader, even if execution fails, is covered under Section 129.

⚙️ Procedural Aspects of Section 129

Attribute	Description
Nature of Offence	Cognizable (if target offence is)
Bail Status	Non-bailable for serious offences
Triable by	Court of competent jurisdiction for target offence
Compoundable?	No

🌐 Global View: Conspiracy Laws in Other Countries

Country	Legal Approach
USA	Federal laws criminalize conspiracy with equal punishment as offence
UK	Common law principle, must prove agreement and intention
Canada	Defined in Criminal Code; overt act required
Australia	Conspiracy defined under federal and state laws with complex structure

India’s law under BNS aligns with international norms, where planning a crime is nearly as serious as executing it.

💡 Difference Between Attempt and Conspiracy

Point	Attempt	Conspiracy
Execution	Incomplete action	Agreement and planning
Participation	Individual or group	Always group
Example	Firing but missing	Agreeing to assassinate
Punishment	Varies	Varies by target offence

🧑‍⚖️ Courtroom Checklist: Proving Criminal Conspiracy

Judges look for:

Was there clear evidence of agreement?
Did accused parties share a common objective?
Is there any act in furtherance of that agreement?
Is intention clearly established?

Conviction cannot rest on suspicion; intention + agreement must be proven beyond reasonable doubt.

🔦 Challenges in Prosecuting Criminal Conspiracy

Secretive Nature: Often done behind closed doors
Lack of Direct Evidence: Requires reliance on circumstantial proof
Multiple Jurisdictions: Conspirators may be located in different regions
Overlap with Other Crimes: Like abetment, joint liability

Prosecution must build a clear narrative, often through call logs, financial trails, witness statements, and surveillance data.

✅ Summary and Key Takeaways

Section 129 criminalizes agreements to commit illegal acts or legal acts by illegal means.
Only agreement is required if the goal is to commit an offence.
If the plan is legal but involves illegal means, an overt act is mandatory.
Punishment is equal to the offence planned or lesser if the act is minor.
Conspiracy can be proven through indirect, circumstantial evidence.
This section is vital for national security, corporate regulation, and preventive justice.

📖 Coming Up Next

➡️ Section 130 – Harbouring an Offender

Legal With Anurag

Search This Blog