Criminal conspiracy
AI Assist
Summary
An agreement between two or more people to do an illegal act, or to do a lawful act by illegal means, is a criminal conspiracy. An agreement to commit an offence is a conspiracy by itself; other agreements become conspiracy only if one or more parties do some act to carry it out. Conspiracy to commit very serious offences (death, life, or rigorous imprisonment of two years or more) is punished like abetment where no special penalty is provided; other conspiracies carry up to six months' imprisonment, fine, or both.
Example
Ravi and Karan agree to rob a jewellery shop. They have not taken any step yet. Their agreement is still a criminal conspiracy, and, if the law does not provide a different punishment, they can be punished as if they had abetted the robbery.
Bare Act
Enacted text(1) When two or more persons agree to do, or cause to be done,
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(a) an illegal act; or
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(b) 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.
Explanation
It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object.
(2) Whoever is a party to a criminal conspiracy,
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(a) to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Sanhita for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence;
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(b) other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment of either description for a term not exceeding six months, or with fine or with both.
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