Comparison between the provisions related to criminal conspiracy under the Bharatiya Nyaya Sanhita and the Indian Penal Code (IPC)

Comparison between the provisions related to criminal conspiracy under the Bharatiya Nyaya Sanhita and the Indian Penal Code (IPC) in tabular format:

Aspect

Bharatiya Nyaya Sanhita

Indian Penal Code (IPC)

Definition

Agreement to do an illegal act or cause it to be done by illegal means

Agreement to do an illegal act or cause it to be done by illegal means

Agreement Requirement

Agreement must involve an illegal act or an act not illegal by illegal means

Agreement must involve an illegal act or an act  not illegal by illegal means

Act Requirement

Besides the agreement, some act by one or more parties to the agreement must be done in pursuance thereof

Besides the agreement, some act by one or more parties to the agreement must be done in pursuance thereof

Immateriability of Act

Immaterial whether the illegal act is the ultimate object or merely incidental to the object

Immaterial whether the illegal act is the ultimate object or merely incidental to the object

Punishment

Offence punishable with death, imprisonment for life, or rigorous imprisonment for 2 years or upwards: Punishable as if abetted such offence

Offence punishable with death, imprisonment for life, or rigorous imprisonment for 2 years or upwards: Punishable as if abetted such offence Other than offences punishable as aforesaid: Imprisonment up to 6 months, or fine, or both

 

In summary, both the Bharatiya Nyaya Sanhita and the IPC define criminal conspiracy similarly as an agreement between two or more persons to commit an illegal act or cause it to be done by illegal means. Both require an act beyond the agreement to be done by one or more parties to the agreement. The main difference lies in the punishment, where the Bharatiya Nyaya Sanhita specifies punishment based on the nature of the planned offence, while the IPC provides a general punishment for criminal conspiracy.

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