INDIAN PENAL CODE
120B1. Punishment Of Criminal Conspiracy::-- (1) Whoever is a party to a criminal conspiracy to commit an
offence punishable with death, imprisonment for life2 or rigorous
imprisonment for a term of two years or upwards, shall, where no express
provision is made in this Code for the punishment of such a conspiracy, be
punished in the same manner as if he had abetted such offence.
(2) Whoever is a
party to a criminal conspiracy 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.
CLASSIFICATION OF OFFENCE
Para I
Punishment—Same
as for abetment of the offence which is the object of the conspiracy—According
as the offence which is the object of conspiracy is cognizable or
non-cognizable—According as offence which is object of conspiracy is bailable
or non-bailable—Triable by court by which abetment of the offence which is the
object of conspiracy is triable—Non-compoundable.
Para II
Punishment—Imprisonment
for six months or fine, or both—non-cognizable—Bailable—Triable by Magistrate
of the first class—Non-compoundable.
Comments
Common intention
(i) Before a
person can be convicted with the aid of section 34 IPC, the ingredients that
are required to be satisfied are that he along with others committed a criminal
act and act was done in furtherance of common intention; Chandra Kant v. State
of Madhya Pradesh, AIR 1999 SC 1557.
(ii) The
offence under section 120B is an agreement between the parties to do a
particular act. Association or relation to lead a conspiracy is not enough to
establish the intention to kill the deceased; Sanjiv Kumar v. State of Himachal
Pradesh, AIR 1999 SC 782: 1999 (1) JT 716.
(iii) To bring
home the charge of conspiracy within the ambit of section 120B it is necessary
to establish that there was an agreement between the parties for doing an
unlawful Act. It is difficult to establish conspiracy by direct evidence;
Vijayan v. State of Kerala, 1999 (3) SCC 54: AIR 1999 SC 1086.
1.
Ins. by Act 8 of 1913, sec. 3.
2.
Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life”
(w.e.f. 1-1-1956).
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