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Old Friday, July 09, 2010
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Default Criminal conspiracy section 120-a ppc

Criminal Conspiracy: Section 120-A and 120-B PPC.
MEANING
An agreement between two or more persons to commit an unlawful act, coupled with an intent to achieve the agreement's objective, and action or conduct that furthers the agreement; a combination for an unlawful purpose.
DEFINITION
1- WINFIELD
"When two or more persons combine for the purpose of inficting upon another person an injury which is unlawful in itself, or which is rendered unlawful by the mode in which it is inficted, and in either case the other person suffers damage, they commit the tort of conspiracy"

2- TEXT OF SECTION 120- A

Section 120-A of Pakistan Penal Code, 1860 defines Criminal Conspiracy as,
'When two or more persons agree to do, or cause to be done,--
(a) an illegal act, or
(b) an act which is not illegal by illegal means such an agreement is designated a criminal conspiracy"
It is PROVIDED that, only an agreement to commit an offence comes under the shade of this section or an act commited in pursuance of such an agreement.
EXPLANATION attached to this section lays down that "it is immaterial whether the illegal act is the ultimate objective of such agreement, or merely incidental to that object"
INGREDIENTS:
1- TWO OR MORE PERSONS:
2- AGREEMENT:
3- AREEMENT SHOULD BE:
(a) to do an illegal act, or
(b) to do a legal act by illegal means.
4- CONSENT:

MODE OF PROOF:
REFERRENCE PLD 1979 SC 53
Conspiracy may be established by direct or indirect evidence such as circumstantial evidence and the evidence should be considered wholly together not in bits and its cumulative effect to be weighed and give effect.
SEPERATE OFFENCE
Conspiracy is a separate offence from the crime that is the object of conspiracy and conspiracy ends when the unlawful act has been committed or when the agreement has been abandoned.
PUNISHMENT
See Section 120-B, however, i am going to mention some explanation.
The punishment for criminal conspiracy is more severe if the agreement is one to commit a serious offence; it is less severe if the agreement is to commit an act which, although illegal, is not an offence punishable with death, imprisonment for life or rigorous imprisonment for more than two years or upwards.
CONCLUSION
To conclude, when an agreement is made between two or more persons to do an illegal act or a legal act by illegal means amounts to criminal conspiracy. In criminal conspiracy, only mens rea is enough to constitute an offence, there may not be an actus rea.
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