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The original Indian Penal Code did not have an offence by the name of criminal conspiracy. However the need to have this offence was felt later on and this chapter V-A relating to criminal conspiracy with only two sections in it i.e. section: 120-A which provides definition of criminal conspiracy and Sec. 120-B providing its punishment was added in IPC by the Criminal Law Amendment act 1913.
When two or more persons agree to do or cause to be done
Such an agreement is designated/made a criminal conspiracy.
Further 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 he illegal act is the ultimate object of such agreement or is merely incidental to that object. In other words, the conspirator is guilty of criminal conspiracy; whether the illegal act is the ultimate object of the agreement or it is merely incidental to the object of the agreement. The law does not treat these cases differently.
An important question arises whether a single individual can be held guilty of this offence. For criminal conspiracy, there ‘must’ be at-least two persons. Thus the section only says that agreement must be between two or more persons and not that the connection must be of at-least two persons.
Section 120-B : Punishment of criminal conspiracy: 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 of upwards shall, where were no express provision is made in this code for punishment of such conspiracy, be punished in he same manner as if he had abetted of such offence.
Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable with imprisonment for a term not exceeding six month or with fine or with both.
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