All India Bar Examination (AIBE) 5-V Previous Year Question Papers with Answers

The correct option is A: S.120A.

This is the provision of the Indian Penal Code, 1860 that defines the offence of criminal conspiracy. According to this section, "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" 

The gist of the offence of criminal conspiracy is the agreement or meeting of minds among the conspirators rather than the act. Therefore, even if there are is overt act actually committing the offence but an agreement to commit an illegal act is proved it is sufficient to constitute the crime of Criminal Conspiracy. The agreement may be express or implied, the important factor is consensus ad idem, i.e., meeting of minds. The agreement must be read as a whole and the object ascertained.

The other options are incorrect because they are not related to the issue of criminal conspiracy. Option B is a provision that deals with the abetment of assault by an officer, soldier, sailor or airman, on his superior officer, when in execution of his office. Option C is a provision that deals with the intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed. Option D is a provision that deals with the wrongful confinement of person for whose liberation writ has been issued.