In granting bail to 22-year-old climate change activist Disha Ravi on Tuesday, the trial court in Delhi rejected the Delhi Police charge that she was part of a “larger conspiracy” to incite violence in the national capital on January 26.
- Section 120A of the Indian Penal Code (IPC) defines criminal conspiracy; Section 120B prescribes the punishment for it.
- An “agreement” between two or more persons to commit a criminal offence constitutes the offence of criminal conspiracy.
- Only an agreement is necessary and sufficient to establish the charge of conspiracy, even if the actual criminal offence itself has not been committed. Criminal conspiracy is a substantive offence in itself.
- The law in its current form was added in 1913, nearly four decades after the IPC was first enacted. The provision was designed by the British to deal with the rising nationalist sentiment in India.