Under the proviso to **Section 120A IPC**, when is an agreement to com…

Question

Under the proviso to **Section 120A IPC**, when is an agreement to commit an act other than an offence treated as a criminal conspiracy?

Accepted Answer

A. {'text': 'Only where some act besides the agreement is done by one or more parties in pursuance of the agreement', 'label': 'A'}

1. The proviso to Section 120A IPC carves an exception to the rule that mere agreement is criminal conspiracy.
2. For an agreement that is NOT itself to commit an offence, conspiracy attaches **only when some overt act besides the agreement is done by one or more parties** to the agreement in pursuance of it.
3. Agreements to commit an offence are punishable per se under section 120A even without an overt act — that is the rule the proviso modifies.
4. Writing, number of parties and communication to outsiders are irrelevant to the proviso.
_Source: ICSI CS Executive Paper 1 — Jurisprudence, Interpretation & General Laws, Lesson 9 (Indian Penal Code, 1860), pp. 205-224._

Answer

{'text': 'Where the agreement is made between three or more persons rather than two, with the third witnessing in good faith', 'label': 'B'}

Answer

{'text': 'Where the agreement is recorded in writing by at least one of the conspirators and registered with any local authority', 'label': 'C'}

Answer

{'text': 'Only where the agreement is communicated to a third person outside the conspiracy and acted upon in some way', 'label': 'D'}