| Q.1- | When separate provisions relating to conspiracy were inserted in IPC? |
| Ans.- | The Chapter VA entitled “Criminal Conspiracy” was inserted in Amendment Act, 1913. |
| Q.2- | What definition was of criminal conspiracy was given by the House of Lords? |
| Ans.- | A conspiracy consists not merely in the intention of two or more, but in the agreement of two or more to do an unlawful act, or to do a lawful act by unlawful means. |
| Q.3- | What is definition of criminal conspiracy according to section 120A of IPC? |
| Ans.- | When two or more persons agree to do, or cause to be done an illegal act, or an act which is not illegal by illegal means, such an agreement is designated as criminal conspiracy. |
| Q.4- | Whether act upon conspiracy is necessary? |
| Ans.- | Yes. No agreement except an agreement to commit an offence shall amount to a criminal conspiracy, unless some act besides the agreement is done by one or more parties to such agreement in furtherance thereof. |
| Q.5- | Whether it is necessary that conspirator should join at the time of agreement? |
| Ans.- | The evil scheme may be promoted by a few, some may drop out and some may join at a later stage, but the conspiracy continues until it is broken up. The conspiracy may develop in successive stages. |
| Q.6- | Is conspiracy a substantive offence? |
| Ans.- | Yes. Conspiracy is a substantive offence. A person can be charged under section 120B. |
| Q.7- | What is essence of conspiracy? |
| Ans.- | The essentials of a single conspiracy required that there must be a common design and common intention of all to work in furtherance of the common desire. |
| Q.8- | What are the ingredients of criminal conspiracy? |
| Ans.- | (1) agreement;
(2) between two or more persons by whom the agreement is effected; and (3) a criminal object, which may be either the ultimate aim of the agreement |
| Q.9- | Conclude the agreement of conspiracy. |
| Ans.- | · It may be concluded that mere knowledge, or even discussion, of the plan is not, per se enough to establish criminal conspiracy.
· Meeting point of two or more persons is necessary. · Conclusion of meeting point does not required express agreement. · The agreement between the accused persons may be to do or continue to do something. |
| Q.10 | When a person is liable for same punishment as an abettor? |
| Ans.- | When offence is punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards. |
| Q.11 | In other cases, what are the provisions for punishment for conspiracy? |
| Ans.- | Imprisonment up to six months or fine or both. |
| Q.12 | Is conspiracy proved only on direct evidence? |
| Ans.- | No. always it is not necessary. In most of the cases, conspiracy is proved on circumstantial evidence. |
| Q.13 | What are the distinctions between conspiracy and abetment by conspiracy? |
| Ans.- | Ø Act upon agreement
Ø Nature of crime Ø Acting role Ø Nature of offence Ø Punishment |
| Q.14 | What are the distinctions between conspiracy and common intention? |
| Ans.- | Ø Nature of offence
Ø Participation Ø Evidence |