Criminal Conspiracy
According to Section 120A of Indian Penal Code (IPC) Criminal Conspiracy is an agreement between two or more persons to do an illegal act or a legal act by illegal means. It is clear from the definition that the following two types of agreements can be termed as criminal conspiracy:
(i) agreement to do an illegal act or
(ii) agreement to do an act which is not illegal by illegal means. This means, the act to be done is legal but the way it is to be performed is illegal.
Difference between Criminal Conspiracy and Abatement
1. Section 120 A and Section 120 B deal with criminal conspiracy, Sections 107 to 120 deal with abatement.
2. Conspiracy is an agreement between two or more persons for doing an illegal act or doing a legal act by illegal means. Abetment, on the other hand, is a process by which one or more person engage others for doing and illegal act.
3. One person is sufficient to commit an abatement. For conspiracy at least two persons are required.
4. Abatement is a wider term which also include conspiracy.
5. Conspiracy is a substantive offence, abatement is not.
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