Heading of the
Section: Definition of
criminal conspiracy
Amendment: These sections were added by Indian Criminal
Law Amendment Act of 1913 (8 of 1913). Chapter V-A of the Indian Penal Code (45
of 1860) deals with ‘Criminal Conspiracy’. It consists of two sections 120-A
and 120-B. Section 120A provides the definition of criminal conspiracy. Section
120-B deals with punishment for committing the offence of criminal conspiracy.
Overview: This section talks about the definition of
Criminal Conspiracy. It defines a criminal conspiracy as a commission of any
illegal act or an act which is not illegal by illegal means by two or more
persons.
Proviso Clause: The proviso clause says that no agreement shall
amount to criminal conspiracy except an agreement to commit an offence the same
unless some act is done besides the agreement by one or more parties to such
agreement in pursuance thereof.
Ingredients
of the Section: A reading of section 120A gives ingredients of
Criminal Conspiracy as follows:
1.
There should be a minimum of two or
more persons.
2.
There should be an agreement
between them.
3.
The agreement must be to the door
cause to be done:
i. an illegal act; or
ii. a legal act by unlawful means.
Proving offence under
Section 120-A: It is very
tough to get direct evidence for proving offence under Section 120-A, which
defines criminal conspiracy.
| Offence | Punishment | Cognizance | Bail | Triable By |
|---|---|---|---|---|
| Offence | |
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| Punishment | |
| Cognizance | |
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