Criminal Conspiracy under Indian Penal Code, 1860 _____ Criminal Conspiracy – Definition – Section 120A – When two or more persons agree to do, or cause to be done – (1) an illegal act, or (2) an act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy. A number of special conspiracy provisions, relating to specific offenses, which were contained in various sections incorporated in this title, were omitted because adequately covered by this section. CRIMINAL CONSPIRACY (1) Definition of Conspiracy. Criminal law in some countries or for some conspiracies may require that at least one overt act be undertaken in furtherance of that agreement, to constitute an offense. Criminal Conspiracy – Definition – Section 120A – When two or more persons agree to do, or cause to be done – (1) an illegal act, or (2) an act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy. A person may be convicted of conspiracy even if the actual crime was never committed. Criminal Conspiracy Section 120A of Indian Penal Code, 1860. Originally, the IPC consisted of only two provisions for punishing the offence of conspiracy.
As per Section 120-B of the Indian Penal Code, 1860, “(1) whoever is a party to a criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence. As for example, Section 310 (in the definition of thugs), Section 400 (belonging to a gang of dacoits), Section 401 (belonging to a gang of thieves), etc. The action taken need not itself be a crime, but it must indicate that those involved in the conspiracy knew of the plan and intended to break the law. Punishment of criminal conspiracy. For a criminal conspiracy to occur, a person must take some action toward carrying out that plan. There is no limit on the number participating in the conspiracy and, in most countries, no requirement that any steps have been taken to put the plan into effect. It is not essential that the accused person must do an overt act, and mere agreement between two or more persons to commit an illegal act is sufficient to constitute the offence of criminal conspiracy. It is not essential that the accused person must do an overt act, and mere agreement between two or more persons to commit an illegal act is sufficient to constitute the offence of criminal conspiracy. Criminal conspiracy is hatched to commit an illegal act which is an offence punishable under law.
120B. Criminal conspiracy is hatched to commit an illegal act which is an offence punishable under law. A criminal conspiracy exists when two or more people agree to commit almost any unlawful act, then take some action toward its completion.
120B. Criminal Case: The Conspiracy. As per Section 120-B of the Indian Penal Code, 1860, “(1) whoever is a party to a criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence.
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