5/28/2021 Criminal conspiracy under the Indian Penal Code - SRD Law Notes

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Criminal conspiracy under the Indian Penal Code

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1) Introduction

A Criminal Conspiracy is the agreement of two or more persons to do an illegal act, to do a legal act by
illegal means. In other words, A joint evil intent is necessary to constitute crimes. Criminal Conspiracy is a partnership in
crime, and each conspiracy consists of a joint and mutual agency for a prosecution of a common plan. A conspiracy
being an agreement, it necessarily follows that there must be at least two persons. One person alone can not conspire.
A conspiracy being an agreement, it necessarily follows that there must be at least two persons. One person alone can -4% -15%
not conspire. Section 120(A) of the Indian Penal Code, 1860 defines Criminal Conspiracy and Section 120(B) prescribes
punishment for Criminal Conspiracy

3) Definition of criminal conspiracy :

Section 120A of Indian Penal Code Defines Criminal Conspiracy - "When two or more persons agree to do, or cause
to be done-
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(1) an illegal act, or
(2) an act which is not illegal by illegal means, such an agreement is designated a 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 thereof.

Explanation -

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

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SUBJECTS
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Banking Law

Coursary Open Civil Procedure Code

Company Law
Example :
Comparative Law
A and B made a plan to murder C; letters passed between them as to the movement of C. Here both A and B are
liable for indictment to a charge of criminal conspiracy under this section since there was an agreement between A and Constitutional Law

B to do an illegal act, i.e., to commit the murder of C. Cyber Law

Family Law
4) Essential Ingredients :
Hindu Family Law

The ingredients of Section 120A(Criminal Conspiracy), of Indian Penal Code are as follows : Hindu Law

Human Rights
1) There should be two or more persons

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5/28/2021 Criminal conspiracy under the Indian Penal Code - SRD Law Notes

Insurance Law
2) There should be Agreement between them
International Law
3) Agreement must be to to or cause to be done, an illegal act; or
Jurisprudence

4) The act may not be illegal but is done by illegal means. Labour Law

Law of Arbitration and Conciliation

Law of Conflict
5) Punishment of criminal conspiracy :
Law of Contracts
Section 120B of Indian Penal Code prescribes punishment for criminal conspiracy .
Law of Crime

(1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death, imprisonment for life Law of Evidence
or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Code for
Law of Tort
the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence.
Legal History
(2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable
as aforesaid shall be punished with imprisonment of either description for a term not exceeding six months, or with fine Muslim Law

or with both. Professional Ethics

Property Law

Public Interest Litigation

6) Relevant Case Law
Transfer of property
State of Maharashtra vs Somnath Thapa , AIR 1996 SC 1744

In this case Supreme Court held that to establish a charge of conspiracy the knowledge about the indulgence in
either illegal act or a legal act by illegal means is necessary.

See also

1) Distinction / difference between Theft and Extortion

2) Defamation under the Indian Penal Code

3) Difference between Theft and Criminal Breach of Trust

4) Difference between Culpable Homicide and Murder

5) Distinction / Difference between Adultery and Rape

Next Previous
Distinction / di erence between Theft and Extortion Powers of disciplinary committee under the Advocates Act, 1961

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Offenses relating to Property (Indian Robbery and Dacoity (Section 390 to

Penal Code Section Chapter XVII Section 402 of the Indian Penal Code)
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3 COMMENTS:

Unknown 24 September 2019 at 09:48

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Harry jack 28 October 2019 at 02:59

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Unknown 27 December 2019 at 23:07

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