Discussion
'X' and 'Y' agree to commit theft in 'Z's house, but no theft is actually committed. They are guilty of ........
Answer: C
They are guilty of criminal conspiracy.
Under Section 120A of the IPC, when two or more persons agree to do an illegal act, the agreement itself is a criminal conspiracy. Where the agreement is to commit an offence, as theft is, no further act in pursuance of it is needed. So X and Y are guilty though no theft took place.
Abetment by conspiracy (written 'Abatement' in the paper) under Section 107 needs an act or illegal omission to take place in pursuance of the conspiracy, which did not happen here. Abetment by instigation needs one person to instigate another, not an agreement between equals, and 'No offence' ignores Section 120A.
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