Under the Proviso to Section 61(1) of the Bharatiya Nyaya Sanhita, 2023, which defines criminal…

Under Section 61(1) of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 120A of the Indian Penal Code, 1860, whose definition drew upon Mulcahy v. The Queen), when two or more persons agree with the common object to do, or cause to be done, an illegal act, or an act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy. The Proviso to Section 61(1) expressly states 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." Thus, an agreement to commit an offence is a criminal conspiracy by itself, whereas any other agreement (to do an illegal act not amounting to an offence, or a lawful act by illegal means) requires an overt act in pursuance of the agreement.