Principle When two or more persons agree to do or cause to be done 1 an illegal act or 2 an act...........

Code of Criminal Procedure (CrPC) 1973 Others

Principle: 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, through such an agreement such persons are said to have been engaged in a criminal conspiracy to commit an offence. It is said that no consummation of the crime need be achieved or even attempted.

Facts: ‘X’, ‘Y’ and ‘Z’ plan to kill ‘D’. They agree that only one among them, that is ‘Z’, will execute the plan. In pursuance of it “Z’ buys a gun and loads it.

Only “Z’ can be charged with criminal conspiracy to kill ‘D’

All of them, i.e., ‘X’, ‘Y’ and ‘Z’, can be charged with criminal conspiracy to kill ‘D’

‘X’ and ‘Y’ cannot be charged with criminal conspiracy to kill ‘D’

None of them can be charged with criminal conspiracy to kill ‘D’

Explanation:

All of them had the intention to commit the crime and all of them were involved in planning.
Even though they might have not committed the crime, but all of them shall be guilty of criminal conspiracy on account of being involved.