Question

Regarding the offence of 'Criminal Conspiracy' as defined under Section 120A of the Indian Penal Code (IPC), 1860, which of the following statements is legally accurate?

• A. The mere agreement between parties is sufficient to constitute the offence if the intended crime is punishable by death or rigorous imprisonment.
• B. It is a substantive offence that is legally barred from being charged in conjunction with other substantive crimes.
• C. A solitary individual's mere intention to commit a crime, even without an agreement with others, is sufficient for a conviction.
• D. A minimum of five persons must participate to satisfy the legal definition.

Hint:

For Criminal Conspiracy, remember: \[ \boxed{\text{Agreement is the essence of the offence}} \] No agreement = No conspiracy, regardless of criminal intention.

Answer 1

The Correct Option is A

Step 1: Read the question.
We must find the legally correct statement about criminal conspiracy under Section 120A of the IPC, 1860.

Step 2: Recall the meaning.
Criminal conspiracy is an agreement between two or more persons to do an illegal act, or a legal act by illegal means. The agreement is the heart of the offence.

Step 3: Note the special rule for serious crimes.
For serious offences, the mere agreement itself is enough to make out conspiracy. No further act is needed once the agreement is made.

Step 4: Test Option 1.
Option 1 says the mere agreement is enough if the intended crime is punishable by death or rigorous imprisonment. This matches the rule, so it is correct.

Step 5: Test the other options.
Option 2 is wrong because conspiracy is a substantive offence and can be charged along with other offences. Option 3 is wrong because one person's intention alone is not enough; at least two persons are needed. Option 4 is wrong because the law needs two or more persons, not five.

Step 6: Final answer.
So the mere agreement is enough where the intended crime is serious.
\[ \boxed{\text{The mere agreement between parties is sufficient to constitute the offence if the intended crime is punishable by death or rigorous imprisonment.}} \]