Indian Penal Code, 1860, Section 120A

Indian Penal Code, 1860—Section 120A—Criminal conspiracy—Held :-

(a) In the case of S. Arul Raja v. State of Tamil Nadu reported in (2010) 8 SCC 233 this Court held that mere circumstantial evidence to prove the involvement of the accused is not sufficient to meet the requirements of criminal conspiracy and meeting of minds to form a criminal conspiracy has to be proved by placing substantive evidence.

(b) In the case of Mohd. Khalid v. State of West Bengal reported in (2002) 7 SCC 334 this court held that offence of conspiracy can be proved by either direct or circumstantial evidence. In paragraph 24 at page 354 of the report the following observations have been made:-

“Conspiracies are not hatched in the open, by their nature, they are secretly planned, they can be proved even by circumstantial evidence, the lack of direct evidence relating to conspiracy has no consequence.”

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