Question

Conspiracy, as an offence, may involve

• A. Two or more persons
• B. Legal or an illegal act
• C. Common object
• D. All of the above

Hint:

Remember that for conspiracy, the agreement itself is the crime (the ‘actus reus‘). For conspiracies to commit minor offences, an overt act is required, but for serious offences, the mere agreement is sufficient to constitute the offence.

Answer 1

The Correct Option is D

Step 1: Understanding the Question:
The question asks about the essential elements that may be involved in the offence of criminal conspiracy under Indian law.

Step 2: Key Concepts and Approach:
The offence of criminal conspiracy is defined in Section 120A of the Indian Penal Code, 1860. The key to this question is to break down the definition and see how each option fits within it.
Section 120A states: "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."

Step 3: Detailed Explanation:

• (A) Two or more persons: The definition explicitly begins with "When two or more persons agree..." This is the minimum requirement for a conspiracy. So, this statement is correct.

• (B) Legal or an illegal act: The definition covers two scenarios: an agreement to do an "illegal act," or an agreement to do a "legal act by illegal means." Therefore, a conspiracy can involve either a legal or an illegal act. This statement is also correct.

• (C) Common object: A conspiracy is fundamentally an agreement between conspirators to achieve a shared goal or purpose. This shared purpose is the "object" of the conspiracy, and it is "common" to all parties. While the term "common object" is specifically used for the offence of unlawful assembly (Section 149 IPC), the underlying concept of a shared objective is central to conspiracy. The conspirators are united by a common design or goal. In this broad sense, a conspiracy involves a common object.

• Conclusion: Since options (A), (B), and (C) all describe elements or concepts inherent in the offence of conspiracy, the most comprehensive answer is (D) All of the above.

Step 4: Final Answer:
The offence of conspiracy involves an agreement between two or more persons to achieve a common goal, which can be either an illegal act or a legal act performed through illegal means. Therefore, all the listed elements are involved.