To constitute an offence of criminal conspiracy, what is the necessary condition to be proved?

Solution (By Examveda Team)

Definition of Criminal Conspiracy:
Criminal conspiracy is defined under Section 120A of the Indian Penal Code (IPC). It refers to an agreement between two or more persons to commit an illegal act or a legal act by illegal means. The essence of conspiracy is the agreement itself, regardless of whether the act is ultimately carried out.

Correct Answer:
The correct answer is Option B: There must be an agreement of two or more persons to do an illegal act or to do a legal act by illegal means.

Explanation:
To establish the offence of criminal conspiracy, the prosecution must prove the following essential elements:
1. Agreement Between Two or More Persons: The foundation of conspiracy is the existence of an agreement. It is not necessary that the act has been executed; the mere agreement to commit the act is sufficient.
2. Objective of the Agreement: The agreement must be to commit an **illegal act** or a **legal act by illegal means**. This distinguishes criminal conspiracy from mere discussions or planning.
3. No Requirement of an Overt Act: Unlike other offences, where an actual criminal act is necessary, criminal conspiracy is punishable as soon as the agreement is made, even if no further step is taken toward its execution.

Why Other Options Are Incorrect:
- Option A: There must be a prior meeting of two or more persons – A prior meeting is not a legal necessity. What is required is an **agreement**, not just a meeting.
- Option C: A person does an illegal act with the help of two or more persons – This describes abetment or joint liability, not criminal conspiracy. Conspiracy is about **agreement**, not merely participation in an act.
- Option D: Two or more persons commit a crime on a sudden provocation with guilty mind – Sudden provocation leading to crime falls under **culpable homicide or murder**, not criminal conspiracy, as conspiracy requires premeditated agreement.

Conclusion:
To prove criminal conspiracy under **Section 120A IPC**, the prosecution must establish that there was an **agreement** between two or more persons to commit an **illegal act** or a **legal act by illegal means**. The existence of the agreement itself constitutes the offence, even if no further steps are taken.
Thus, the correct answer is Option B.