3119124, 8:24 AM Criminal Conspiracy: Section 120, PC
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Criminal Conspiracy: Section 120, IPC
By Gurmeet8750002000 | Views 58157 (author-381-gurmeet8750002000.htm)
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Conspiracy means a combination of two or more persons for unlawful purposes. It is an agreement between
two or more persons to commit an illegal act. Criminal conspiracy is a substantive offence under the Indian
Penal Code, 1860(1.P.C.). Generally, the accused is charged with the offence of criminal conspiracy along with
the charge of some other substantive offence under the |.P.C. or any other law. Chapter V-A of the |.P.C. as
inserted in 1913 deals with the offence of criminal conspiracy. In this article, an attempt is made to analyze the
substantive offence of criminal conspiracy with the help of relevant case laws.
Section 120A of the |.P.C. defines criminal conspiracy as an agreement of two or more persons to do or cause
to be done:
1. An illegal act, or;
2. An act that is not illegal by illegal means,
Section 43 of the .P.C. defines the term illegal’ as everything that is an offence or is prohibited by law or
furnishes ground for a civil action.
‘The Proviso attached to Section 120A provides that a mere agreement to commit an offence shall amount to
criminal conspiracy and no overt act or illegal omission is required to be proved. Such overt act is necessary
only when the object of the conspiracy is the commission of an illegal act not amounting to an offence, Itis
immaterial whether the illegal act is the ultimate object of such agreement or is merely incidental to that
object.
Essentials Of Criminal Conspiracy
The essentials of this section can be outlined as:
1, There should be an agreement between two or more persons.
There must be an agreement between two or more persons. If the conspirators commit several offences
in accordance with the criminal conspiracy, all of them shall be liable for the offences, even if some of
them did not actively participate in the commission of the crimes.
2, Such an agreement should be done:
To do an illegal act
To make a person liable for the criminal conspiracy, the agreement must be to do any act which is either
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