120A. Definition of criminal conspiracy.
When two or more persons agree to do, or cause to be done,-
(1) an illegal act, or
(2) 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.
COMMENTS
(i) The prosecution is not required to prove that perpetrators agreed to do or cause to be done the illegal act;
Mohammad Usman Mohammad Hussain Maniyar v. State of Maharashtra, AIR 1981 SC 162: (1981) SC Cr 381: (1981) Cr LJ 597.
(ii) The evidence as to transmission of thoughts sharing the unlawful design may be sufficient;
Kehar Singh v. State (Delhi Admn.), (1989) Cr LJ 1: AIR 1988 SC 1883.
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