IPC Study Notes :Criminal Conspiracy

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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.
Important: If the conspirators are discharge, from the illegal act performed by them even then they can be held liable for conspiracy.

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 conspiracy
Section 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.

Practice exercise:

1.  How many people are required to commit criminal conspiracy
A. One
B. Two or more
C. Five and above
D. All of the above
Ans: B

2. End may be lawful but if one employs unlawful methods to achieve just object. He is guilty of criminal conspiracy.
A. True
B. False
Ans: A

3. One person can commit criminal conspiracy.
A. True
B. False
Ans: B

4. If “B” and “C” are charged for the offence of Conspiracy and “B” discharged then can the remaining one be charged?
A. Yes
B. No
C. Maybe
Ans: B

5. Physical presence and meeting of mind is necessary
A. True
B. False
Ans: B

6. 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. Will B he held liable for criminal conspiracy
A. Yes
B. No
Ans: B

7. Is criminal conspiracy a continuing offence?
A. Yes
B. No
Ans: A

8. “A” the director of a company and his company X Ltd who is a legal person conspire to kill Y. Will this amount to criminal conspiracy?
 A. Yes
B. No
Ans: B

9. If in the previous question B an employee also conspires with them to kill Y. Is there a conspiracy?
A. Yes between all three
B. Yes between A and B
C. Yes between B and X Ltd
D. Yes between A and X Ltd
Ans: B

10. X and Y want to construct a park in their locality. For this purpose they kill Z who has opposed their idea will they be held liable?
A. No
B. Yes
Ans: B

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