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A Conspiracy is an agreement between two or more person to do an illegal act or a legal act by illegal means. It is immaterial that the illegal act is the ultimate object of such agreement.
The following constitute a Criminal Conspiracy.
- There must be an agreement between two or more persons, who are alleged to conspire
- The agreement should be
- for doing an illegal act
- for doing a legal act by illegal means
An Abetment is not a substantive offence, whereas a Criminal Conspiracy is.
Under Common Law, husband and wife constitute one person and hence there cannot be any conspiracy to commit an offence. However, under the Indian Law, husband and wife by themselves alone can be parties to a criminal conspiracy.