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.