120A. Definition of criminal conspiracy.

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:

Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof.

Explanation-
It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object.

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COMMENTS
(i) The prosecution is not required to prove that perpetrators agreed to do or cause to be done the illegal act;
Mohammad Usman Mohammad Hussain Maniyar v. State of Maharashtra, AIR 1981 SC 162: (1981) SC Cr 381: (1981) Cr LJ 597.

(ii) The evidence as to transmission of thoughts sharing the unlawful design may be sufficient;
Kehar Singh v. State (Delhi Admn.), (1989) Cr LJ 1: AIR 1988 SC 1883.

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