Wednesday, 17 July 2019

Whether agreement to commit an act which furnishes ground for civil action amounts to criminal conspiracy?

Section 120A in The Indian Penal Code
[120A. Definition of 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: Provided that 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 pursuance thereof. Explanation.—It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object.]
Illegal Act
According to the Indian Penal Code, the term, ‘illegal’ includes everything that is an offence, or which furnishes a ground for civil action or which is prohibited by law.Hence, two or more persons would be held guilty under this provision if they agree to do an act prohibited by law or which is illegal or gives a ground for a civil action..
Apart from acts which are prohibited by law, acts that may be grounds for civil actions could be-
  1. Breaches of contract; or
  2. Wrongs independent of contract
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