Which essential element of **criminal conspiracy** under Section 120A …

Question

Which essential element of **criminal conspiracy** under Section 120A IPC was reiterated by the Supreme Court in *R. Venkatkrishnan v. CBI* (2009) 11 SCC 737?

Accepted Answer

D. {'text': 'An agreement between two or more persons relating to doing or causing to be done either an illegal act or an act not illegal in itself but by illegal means', 'label': 'D'}

1. Section 120A defines criminal conspiracy as an agreement between two or more persons to do an illegal act, or a legal act by illegal means.
2. In *R. Venkatkrishnan v. CBI*, (2009) 11 SCC 737, the Supreme Court restated the two ingredients: (i) an agreement between two or more persons; (ii) the agreement must relate to either an illegal act, or an act not illegal in itself but done by illegal means.
3. The Court called these conditions **sine qua non** for section 120A IPC.
4. There is no requirement of writing, signature, physical proximity or registration before a magistrate.
_Source: ICSI CS Executive Paper 1 — Jurisprudence, Interpretation & General Laws, Lesson 9 (Indian Penal Code, 1860), pp. 205-224._

Answer

{'text': 'A formal written agreement signed by all the conspirators and witnessed by an officer of competent jurisdiction in the territory in which the agreement is alleged to have been formed under any law in force', 'label': 'A'}

Answer

{'text': 'Proof that the agreement was reduced to writing and was sworn in the presence of a magistrate of competent jurisdiction', 'label': 'B'}

Answer

{'text': 'Proof that all the conspirators were physically present at the same place at the same time when the agreement was formed', 'label': 'C'}