'Criminal conspiracy' under Section 120A IPC is defined as:
Aany joint act by two or more persons resulting in any harm, regardless of any agreement
Ban agreement between two or more persons to do an illegal act, or a legal act by illegal means
Ca written contract among at least three persons proven by signed documentary evidence
Dany agreement to commit an offence specifically punishable by life imprisonment or death
Answer & Solution
Correct answer: B. an agreement between two or more persons to do an illegal act, or a legal act by illegal means
1. Section 120A IPC defines 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.'
2. Proviso: no agreement except to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties in pursuance.
3. The agreement is the gist; conspiracy can be a substantive offence by itself.
4. State v. Nalini (1999) explained that the agreement may be inferred from circumstantial evidence.
5. Hence option A is correct.
_Source: Indian Penal Code 1860 / Code of Criminal Procedure 1973 / Indian Evidence Act 1872 (Bare Acts, indiacode.nic.in) — IPC, Section 120A; State v. Nalini, (1999) 5 SCC 253 (Rajiv Gandhi assassination)_
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