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Criminal Conspiracy

Criminal Conspiracy (Section 120A and B):

Sec-120A defines the Criminal Conspiracy as,

When 2 or more persons agree to do or cause to be done:

a) An illegal act or

b) An act which is not illegal means by the illegal means, such an agreement is known as Criminal conspiracy,

Provided 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 of.


Explanation:

It is immaterial whether the illegal act is the ultimate object of such agreement or is merely incidental to that object.

Ingredients:

To constitute a criminal conspiracy, the following must be satisfied:

1) There must be an agreement between 2 or more persons.

2) The agreement must be for:

  • a) Doing an illegal act or
  • b) Doing a lawful ac by illegal means
  • c) There must exist over act.

Elements:

1) An object to be accomplished.

2) A plan or a scheme embodying means to accomplish that object.

3) An agreement between 2 or more accused person to accomplish the object.

4) In the jurisdiction where the statue required an overt act.

In Topandas

 V

 State of Bombay

It was held that, there must be 2 or more persons for the criminal conspiracy and if one person, it cannot be held guilty of criminal conspiracy.

Punishment:

Sec-120B gives the punishments, they are:

1) Whoever is a party to a criminal conspiracy to commit an offence is punishable with death or rigorous imprisonment for 2 years or is punished as if he had abetted the offence.

2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence shall be punished with an imprisonment not exceeding more than 6 months or with fine or both.



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