Principle: Criminal conspiracy under Section 120A requires an agreement between two or more persons to do an illegal act.
Facts: A and B agree to commit murder. Before taking any steps towards execution, police arrest them upon intercepting their messages. Are they guilty of conspiracy?
Answer and explanation
Correct answer: B. Yes, the agreement itself to commit an offense constitutes the completed offense of conspiracy
- Step 1: Refer to Section 120A of the Indian Penal Code.
- Step 2: Where the agreement is to commit an offence, the mere agreement itself constitutes criminal conspiracy, and no overt act is necessary.
- Step 3: (An overt act is required only when the agreement is to do an act which is not an offence but is otherwise illegal).
Answer
Yes, the agreement itself to commit an offense constitutes the completed offense of conspiracy.
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