Personal Monetary Benefit To Each Accused Not Necessary For Probe Into Cheating, Forgery, Conspiracy: MP High Court

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Published 27 October 2026

Bottom Line Up Front (BLUF)

The Madhya Pradesh High Court, in a May 6, 2024 decision, held that for an investigation into cheating, forgery, and criminal conspiracy, it is not necessary to show personal monetary benefit to each accused. The court clarified that the offence of criminal conspiracy under Section 120B of the IPC (now BNS s. 61) only requires an agreement to commit an illegal act.

Ratio Decidendi · Legal Principle Established

For an investigation into offences of cheating, forgery, and criminal conspiracy, it is not a prerequisite to demonstrate that each individual accused derived a personal monetary benefit. The essence of criminal conspiracy lies in the agreement to commit an illegal act, not necessarily the individual gain of each conspirator.

Practice & Procedural Impact for Advocates

Advocates should note that the prosecution is not required to prove individual monetary gain for each accused in cases involving conspiracy, cheating, and forgery. Litigants should understand that the focus of a conspiracy charge is the agreement itself, not the distribution of illicit gains among conspirators.

Key Legal Takeaways

1Individual monetary benefit is not essential for prosecuting cheating, forgery, and conspiracy.
2Criminal conspiracy under IPC Section 120B (now BNS s. 61) focuses on the agreement to commit an illegal act.
3The absence of personal gain for an accused does not negate their involvement in a conspiracy.

The Legal Issue The Madhya Pradesh High Court addressed whether it is necessary for the investigating agency to demonstrate that each accused person derived a personal monetary benefit to proceed with an investigation into offences of cheating, forgery, and criminal conspiracy. The case involved allegations under Sections 420, 467, 468, 471, and 120B of the Indian Penal Code, 1860 (IPC), which correspond to Sections 318, 320, 321, 322, and 61 of the Bharatiya Nyaya Sanhita, 2023 (BNS) respectively.

Court's Reasoning Justice Gurpal Singh Ahluwalia, on May 6, 2024, clarified that the law does not mandate proof of personal monetary benefit for each accused in cases involving cheating, forgery, and criminal conspiracy. The court emphasized that the core element of criminal conspiracy, as defined under Section 120B of the IPC (now BNS s. 61), is the agreement between two or more persons to commit an illegal act or a legal act by illegal means. The court stated that the absence of personal gain for an individual accused does not absolve them from the charge of conspiracy if they were part of the agreement. The court noted that the investigation should focus on the existence of the conspiracy and the commission of the illegal acts, rather than the individual financial enrichment of each conspirator.

What Follows The Madhya Pradesh High Court's ruling means that investigating agencies are not required to establish personal monetary benefit for each accused to continue their probe into allegations of cheating, forgery, and criminal conspiracy. This clarifies the scope of investigation and prosecution for such offences, allowing cases to proceed based on the agreement to commit illegal acts, even if individual financial gain is not immediately apparent for all involved parties. Counsel should confirm which code applies based on the offence date.