Criminal Conspiracy Questions and Answers

Q: 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 ?

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.

Q: 'X' and 'Y' agree to commit theft in 'Z's house, but no theft is actually committed. They are guilty of ........

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.

Q: For conspiracy, the minimum number of person required is :

The minimum number for a conspiracy is two.Section 120A of the IPC defines criminal conspiracy as an agreement between two or more persons to do, or cause to be done, an illegal act, or a legal act by illegal means. Since the offence consists in the agreement, at least two minds must meet; one person cannot conspire with himself.Three is not required, and five is the minimum for an unlawful assembly under Section 141, a different concept. If one of only two alleged conspirators is acquitted, the other cannot ordinarily be convicted of conspiracy for that reason.

Q: Which one of the following will amount to criminal conspiracy ?

Criminal conspiracy is an agreement to commit an offence even if no overt act is done to carry out the agreement.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. The proviso says that an agreement to commit an offence is itself a conspiracy, and no act besides the agreement need be done in pursuance of it. The agreement is the gist of the offence.The other options describe common intention under section 34, which requires a criminal act done by several persons with a shared, pre-arranged intention, and joint liability for that act, not the bare agreement that makes a conspiracy.

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 ?

A.The mere agreement between parties is sufficient to constitute the offence if the intended crime is punishable by death or rigorous imprisonment.
B.A minimum of five persons must participate to satisfy the legal definition.
C.A solitary individual's mere intention to commit a crime, even without an agreement with others, is sufficient for a conviction.
D.It is a substantive offence that is legally barred from being charged in conjunction with other substantive crimes.

Exam Year(s)

AIBE - 2026,

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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'X' and 'Y' agree to commit theft in 'Z's house, but no theft is actually committed. They are guilty of ........

A.No offence
B.Abatement by conspiracy
C.Criminal conspiracy
D.Abatement by instigation

Exam Year(s)

MH SET - 2018, SET Exam - 2018,

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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For conspiracy, the minimum number of person required is :

A.One
B.Two
C.Three
D.Five

Exam Year(s)

MH SET - 2018, SET Exam - 2018,

Answer: B

The minimum number for a conspiracy is two.

Section 120A of the IPC defines criminal conspiracy as an agreement between two or more persons to do, or cause to be done, an illegal act, or a legal act by illegal means. Since the offence consists in the agreement, at least two minds must meet; one person cannot conspire with himself.

Three is not required, and five is the minimum for an unlawful assembly under Section 141, a different concept. If one of only two alleged conspirators is acquitted, the other cannot ordinarily be convicted of conspiracy for that reason.

Discuss in Forum

Which one of the following will amount to criminal conspiracy ?

A.Two or more persons agreed to commit a criminal act in furtherance of their common intention
B.Intention of each of the accused persons is known to the rest of them and is shared
C.Unity of criminal behaviour actuated by common consent
D.Agreement to commit an offence even if no overt act is done to carry out the agreement

Exam Year(s)

MH SET - 2020, SET Exam - 2020,

Answer: D

Criminal conspiracy is an agreement to commit an offence even if no overt act is done to carry out the agreement.

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. The proviso says that an agreement to commit an offence is itself a conspiracy, and no act besides the agreement need be done in pursuance of it. The agreement is the gist of the offence.

The other options describe common intention under section 34, which requires a criminal act done by several persons with a shared, pre-arranged intention, and joint liability for that act, not the bare agreement that makes a conspiracy.

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