Code
[120A. Definition of criminal conspiracy.— When two or more persons agree to do, or cause to be done,
(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.It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object.]
Explanation
When two or more persons agree to do, or cause to be done, an illegal act, or an act which is not illegal in itself but is intended to be done in a manner that is illegal or is known to be likely to cause injury or harm to another, they are said to be involved in criminal conspiracy. The essence of conspiracy lies in the agreement to commit an illegal act, and it is not necessary for the act to be actually committed for the offence to be established.
Illustration
Consider a situation where two individuals agree to steal a valuable painting from an art gallery. They plan the details of the heist, including the time, entry point, and escape route. Even if they are apprehended before they can actually carry out the theft, they can still be charged with criminal conspiracy under Section 120A of the IPC.
Common Questions and Answers
Q: Is it necessary for the conspirators to actually commit the illegal act for them to be charged with conspiracy?
A: No, it is not. The offence of criminal conspiracy is complete upon the formation of the agreement, even if the intended act is not carried out.
Q: What is the punishment for criminal conspiracy?
A: The punishment for criminal conspiracy varies depending on the nature of the intended crime. 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, or with both.
Q: Can a person be charged with conspiracy even if they did not actively participate in the planning or execution of the crime?
A: Yes, a person can be charged with conspiracy even if they only provided support or encouragement to the conspirators.
