Q.1 Discuss Criminal Conspiracy? can one person punished for the offense of criminal conspiracy? under IPC

Q.1: Discuss Criminal Conspiracy? Can One Person be Punished for the Offense of Criminal Conspiracy?

Criminal Conspiracy under the Indian Penal Code (IPC): Criminal conspiracy is defined under Section 120A of the Indian Penal Code, 1860. A criminal conspiracy exists when two or more persons agree to commit an illegal act or a legal act by illegal means. The definition involves the following key elements:

  1. Agreement: There must be an agreement between two or more persons. The agreement can be express or implied.
  2. Intent to Commit an Offense: The objective of the agreement must be to commit a criminal act, or to do something illegal.
  3. Act or Omission: It must involve an act or an omission that is considered unlawful.

Under Section 120B of the IPC, the punishment for criminal conspiracy is provided:

  • Section 120B(1): If the conspiracy is to commit a serious offense, such as a murder or robbery, the punishment is the same as that for the offense itself.
  • Section 120B(2): If the conspiracy is to commit any other offense, the punishment may be up to 6 months of imprisonment, or a fine, or both.

Can One Person be Punished for Criminal Conspiracy? Generally, criminal conspiracy requires at least two persons, as it involves an agreement between them to commit an illegal act. However, under Section 120A, it is not necessary for both parties to carry out the act; the mere agreement to commit an offense is sufficient to constitute conspiracy. That being said, one person cannot be punished for the offense of criminal conspiracy under the IPC, because the essential element of a conspiracy is the agreement between two or more individuals.

In cases where a single person conspires with an unknown party (e.g., a police informer or undercover agent), the conspiracy is still valid, but the person is punished for the act of planning and agreeing to commit the offense, not for the conspiracy itself. The law contemplates at least two parties for an offense of conspiracy, and the courts have consistently held that punishment for conspiracy requires the involvement of at least two persons.

Judicial Precedents: In K.K. Verma v. State of U.P. (1954), the Supreme Court held that an agreement to commit an offense is a conspiracy, and it was emphasized that the conspiracy exists only when there is an agreement between two or more persons.

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