Skip to main content

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.



Labels:

Comments

Post a Comment

Popular posts from this blog

Republic Day 26 Jan 2021 Celebration at ETA GARDEN Apartment

 Republic Day 26 Jan 2021 Celebration at ETA GARDEN Apartment I, Trilok Chand Gupta Joint Secretary of ETA Garden have celebrated and raised our country Flag at our pavilion. It's been published in the News Paper for welcoming people for Flag Hoisting.
Post a Comment
Read more

Winding Up Companies rules Section 272

Winding Up: 1) Winding up of a company is a process through which the life of the company comes into an end. 2) In this process the management of the company is taken away from the hands of the Directors of the company. 3) An administrator called a liquidator is appointed and he takes the control of the company, collects the assets, liabilities are discharged (i.e. all the creditors) and finally distributes if any surplus among the members. 4) At the end of the winding up, the company is left with no assets and liabilities and thus gets formally dissolved. Compulsory Winding up: 1) The winding up process done by the tribunal is known a compulsory winding up of a company. 2) It is also known as Tribunal Winding up. 3) Chapter XX, Part – 1of the CA 2013 deals with the compulsory winding up. Grounds for winding up by Tribunal: 1) Special Resolution 2) Acts against sovereignty 3) Default in filing the statements 4) Fraudulent Conduct 5) Just and Equitable. Person who can file a Petition to...
Post a Comment
Read more

UNLAWFUL ASSEMBLY, RIOT, AFFRAY

Unlawful Assembly (Section 141): Unlawful assembly is an assembly of 5 or more persons with the common object: 1)  to over-throw by criminal force the Government or the legislature or 2)  To resist the execution of any legal process 3)  To commit mischief (Sec-425), criminal trespass (441) 4)  To obtain property or right by criminal force or 5)  To criminally force a person to do an act which he is not bound to do, or to force him not to do an act which he is bound to do. If a person is a member of an unlawful assembly then that person is punishable. An assembly which is not unlawful in the beginning may become unlawful subsequently. The purpose or common object decides the nature of the assembly. Essentials: 1)  The essentials are that there should be five or more persons and there should be the common object as specified in Sec-141. 2)  This is different from common intention in Sec-34. For unlawful assembly prior meeting of minds is not essential. 3...
Post a Comment
Read more