proof requirements for establishing criminal conspiracy

A charge of criminal conspiracy under Section 120-B of the Indian Penal Code is a serious criminal allegation that cannot be based on mere suspicion, conjecture, association, or civil animosity. Establishing a criminal conspiracy requires cogent proof of a meeting of minds, a prior agreement, and concerted action between the co-accused directed toward the commission of an illegal act or a legal act by illegal means. While direct evidence of conspiracy is rarely available and may be inferred from surrounding facts and conduct, such an inference must logically flow from established foundational facts without any gaps. Suspicion, no matter how strong or grave, can never take the place of legal proof, especially in cases where the prosecution fails to establish any active planning or agreement. In the absence of evidence demonstrating an explicit or implicit agreement among the accused to execute the crime, a conviction founded on the ground of conspiracy cannot be legally sustained. Consequently, civil disputes or joint business transactions alone cannot serve as a substitute for proving a criminal agreement. (Tulasareddi @ Mudakappa & Anr. v. The State of Karnataka & Ors. | 2026 INSC 67)