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A criminal Conspiracy is the agreement of two or more persons to do an illegal act , to do a legal
act by 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 consist of a joint and mutual agency for a
prosecution of common plan.
A conspiracy being an agreement, it is necessarily follows that there must be at least two persons.
One person alone can not conspire.
Section 120A of Indian Penal Code Defines Criminal Conspiracy - "When two or more persons
agree to do, or cause to be done-
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.
Example :
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 B to do an illegal act, i.e., to commit the murder of C.
4) Essential Ingredients :
The ingredients of Section 120A(Criminal Conspiracy), of Indian Penal Code are as follows :
Section 120B of Indian Penal Code prescribes punishment for criminal conspiracy .
(1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death,
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.
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.