IPC Study Notes :Criminal Conspiracy
Here we are providing you updated and most relevant Study notes on IPC of Criminal Conspiracy for Law Entrance Exam. These study notes are highly recommendable for all those who aspire to crack CLAT, DULLB, AILET and other Law Entrance Exam.
Criminal Conspiracy:
Section 120 (A): Definition of Criminal Conspiracy.“When two or more persons agree to do or cause to be done
(i) An illegal Act
(ii) An act may be lawful by illegal means.
Explanation: It is immaterial whether illegal act is the ultimate object of such agreement or is merely incidental to that object.
- Conspiracy is an agreement between people to break the law in the future, in some cases having committed an act in furtherance of that agreement
- End may be lawful but if one employs unlawful methods to achieve just object. He is guilty under this section.
- One cannot conspire with one self.
- Agreement between two human beings.
- One natural and other legal person can not constitute conspiracy.
- Husband and wife can hatch a conspiracy however under the common law there are same and one person.
- Director (a Natural Person-A human being, naturally born) and a Company (a legal person -entities such as corporations, which are treated in law as if they are persons having rights and obligations) cannot conspire.
Punishment for Conspiracy.
- If “B” and “C” are charged for the offence of Conspiracy and “B” discharged then the remaining one cannot be charged.
- Meeting of mind is essential.
- Object should be common. Physical presence is not necessary, meeting of mind is necessary
- Criminal Conspiracy is a continuing offence.
For eg.
A B and C
A and B conspire to commit some illegal act, A instigates B to do an illegal act B does not know about the conspiracy and performed the act. B will be here liable for his individual illegal act but not for conspiracy as no meeting of mind took place
- Physical presence of conspirator is not essential at the scene of incidence.
Difference between Sectin 120-A, Sec 107 and Section-34
Section 107: An illegal act and omission must have taken place in further of conspiracySection 120-A: Mere agreement between two or more person to commit an offence enough.
Section -34: An illegal act must have taken place in furtherance of common intention.