CHAPTER VA, Section 120A-120B of INDIAN PENAL CODE (IPC) – CRIMINAL CONSPIRACY

120A. Definition of criminal conspiracy.

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.

Explanation-
It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object.

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COMMENTS
(i) The prosecution is not required to prove that perpetrators agreed to do or cause to be done the illegal act;
Mohammad Usman Mohammad Hussain Maniyar v. State of Maharashtra, AIR 1981 SC 162: (1981) SC Cr 381: (1981) Cr LJ 597.

(ii) The evidence as to transmission of thoughts sharing the unlawful design may be sufficient;
Kehar Singh v. State (Delhi Admn.), (1989) Cr LJ 1: AIR 1988 SC 1883.

120B. Punishment of criminal conspiracy.

(1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence.

(2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment of either description for a term not exceeding six months, or with fine or with both. 

CLASSIFICATION OF OFFENCE
Para I: Punishment—Same as for abetment of the offence which is the object of the conspiracy—According as the offence which is the object of conspiracy is cognizable or non-cognizable—According as offence which is object of conspiracy is bailable or non-bailable—Triable by court by which abetment of the offence which is the object of conspiracy is triable—Non-compoundable. 

Para II: Punishment—Imprisonment for six months or fine, or both—non- cognizable—Bailable—Triable by Magistrate of the first class—Non- compoundable.

Next,
CHAPTER VI (121-130) of IPC – OFFENCES AGAINST THE STATE

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