Discussion
Regarding the offence of 'Criminal Conspiracy' as defined under Section 120A of the Indian Penal Code (IPC), 1860, which of the following statements is legally accurate ?
Answer: A
The accurate statement is that the mere agreement is sufficient to constitute the offence if the intended crime is punishable by death or rigorous imprisonment.
Section 120A IPC defines criminal conspiracy as an agreement between two or more persons to do an illegal act, or a legal act by illegal means. Its proviso says that an agreement to commit an offence needs no further overt act; only an agreement to do some other illegal act needs an act in pursuance of it. Section 120B then punishes more severely a conspiracy to commit an offence carrying death, life imprisonment or rigorous imprisonment of two years or more.
Two persons, not five, are enough. A single person's intention is not an agreement. And conspiracy is routinely charged together with the substantive offences committed in carrying it out.
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