Code:
1[120B. Punishment of criminal conspiracy.–(1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death, 2[imprisonment for life] or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence.
(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 or with both.]
Explanation:
Section 120B defines criminal conspiracy as an agreement between two or more individuals to commit an illegal act or an act which, while not illegal in itself, is done with the intention of causing harm or inducing illegal action from others. This agreement, even if not acted upon, is considered a crime.
The key elements of criminal conspiracy are:
- An agreement or understanding between two or more persons
- The intention to commit an illegal act, or to do a legal act with the intention of causing harm or inducing illegal action
Illustration:
Consider the following scenario:
- A group of individuals agrees to vandalize a rival company’s property.
- Even if the individuals do not carry out the act, the agreement itself constitutes criminal conspiracy under Section 120B.
Common Questions and Answers:
Q: What is the punishment for criminal conspiracy?
A: The punishment for criminal conspiracy depends on the nature of the illegal act agreed upon. It can range from imprisonment for a term which may extend to six months, or with fine, or with both, to imprisonment for life or with fine.
Q: Does a conspiracy have to be successful for it to be a crime?
A: No, a conspiracy does not need to be successful for it to be a crime. The agreement itself is considered criminal, regardless of whether the act is carried out.
Q: Can a single person be convicted of conspiracy?
A: No, conspiracy requires an agreement between two or more individuals.
