IPC 120 vs BNS 120 – Criminal Conspiracy Explained
Indian Penal Code (IPC)
Bhartiya Nyaya Sanhita (BNS)
Section: IPC 120
Criminal conspiracy
About IPC Section
Section 120 of the Indian Penal Code, 1860, defines criminal conspiracy. This section establishes that when two or more persons agree to commit an illegal act or a lawful act by illegal means, they are guilty of criminal conspiracy. The law treats the agreement itself as an offense, even if the planned act is not executed.
Under IPC 120:
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Criminal conspiracy arises from an agreement to commit an offense,
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Liability exists even if the crime is not carried out,
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It covers acts committed by two or more persons with criminal intent.
For example, if two people plan a robbery together, they are liable under IPC 120 regardless of whether the robbery is attempted. The focus is on the intent and agreement to commit a criminal act, rather than the completion of the crime.
IPC 120 emphasizes prevention and accountability, ensuring that collaborative criminal intent is punishable. It strengthens criminal law by penalizing organized planning and agreements to commit offenses, thereby deterring conspiratorial actions.
Section: BNS 120
Criminal conspiracy
About BNS Section
Section 120 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 120, retaining the principle that criminal conspiracy arises when two or more persons agree to commit an illegal act or a lawful act by illegal means.
Under BNS 120:
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Liability arises from agreement with criminal intent,
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Punishment applies even if the intended offense is not executed,
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Covers all participants in the conspiracy.
For instance, two people planning a robbery or fraud are punishable under BNS 120 even if the crime is never attempted. The section emphasizes criminal intent and collaborative planning.
By retaining IPC 120’s principles, BNS 120 ensures legal clarity and accountability, emphasizing that conspiratorial agreements themselves are punishable, thereby strengthening enforcement against organized criminal activity.