When two or more persons agree to do, or cause to be done:
- an illegal act, or
- 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.
Explanations
- It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object.
IPC Section 120A: Simplified Explanation
IPC Section 120A of the Indian Penal Code (IPC) provides the legal definition of criminal conspiracy, a fundamental concept in criminal law that addresses the collaboration of two or more persons to commit an illegal act. This section is crucial for understanding how the law interprets and handles cases where individuals jointly plan and intend to carry out criminal activities.
Here is a detailed breakdown of IPC Section 120A:
- Definition and Scope:
- Criminal conspiracy Defined: Section 120A defines criminal conspiracy as an agreement between two or more persons to commit an illegal act or an act that is not illegal by illegal means. The essence of a conspiracy is the agreement or meeting of minds to achieve the unlawful objective.
- Key Elements of the Section:
- Agreement: The core element of criminal conspiracy is the agreement between the parties involved. This agreement need not be formal or in writing; it can be inferred from the actions and communications of the individuals involved.
- Illegal Act: The objective of a conspiracy must be to commit an illegal act or a legal act by illegal means. The intent to break the law is intrinsic to the definition of conspiracy.
- Participation: Each participant in the conspiracy does not need to know all the details of the plan or all the other conspirators, but they must be part of the agreement and share a common criminal purpose.
- Punishment Under Section 120A: The actual punishment for criminal conspiracy is outlined in Section 120B of the IPC, which specifies the penalties based on the nature of the target offence. Conspiracies to commit serious crimes can lead to severe penalties, including imprisonment.
- Legal Implications:
- Broad Application: This section allows authorities to prosecute individuals involved in the planning stages of a crime, even if the crime itself is not completed. It is a preventive measure that helps disrupt criminal activities before they result in harm.
- Evidence and Prosecution: Proving a criminal conspiracy can be complex, as it often relies on circumstantial evidence to show the agreement and intent among the conspirators.
- Examples: If two or more persons plan to rob a bank together, even if the robbery does not take place, they can be charged with criminal conspiracy under this section. Similarly, suppose a group agrees to bribe a public official. In that case, this agreement constitutes a criminal conspiracy, regardless of whether the bribe is ultimately offered or accepted.
Understanding IPC Section 120A is essential for comprehending the breadth and depth of legal measures available to address the preparatory stages of criminal activities. It highlights the law’s proactive approach to preventing and penalizing collaborative criminal endeavours.
