Section 120-A thus classifies conspiracies into two groups (1) conspiracies in which the agreement is to commit an offence, and (2) conspiracies in which the agreement is to do an illegal act or an act which is not illegal by illegal means, the illegality in either case not amounting to an offence.
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Such an agreement does not amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to the agreement in pursuance thereof.
ADVERTISEMENTS:
In the case of Saju v. State of Kerala, it was held that in order to convict an accused for criminal conspiracy under Section 120-A it has to be established that he (the accused) had agreed to pursue a course of conduct which he knew leading to the commission of a crime by one or more persons to the agreement of that offence. Besides the act of agreement, the necessary mens rea of the crime is also required to be established.
A further analysis, deduced from the above classification of conspiracies implied in the statute, may lead us to reclassify conspiracies into three classes as follows:
(1) Conspiracies in which the end to be attained is itself a crime or an offence.
(2) Conspiracies in which the object is lawful but the means employed are unlawful.
ADVERTISEMENTS:
(3) Conspiracies in which the object is to do injury to a third party or to a class affording ground for civil action.