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Report No. 42

35. Amendment and re-numbering of section 118.-

Section 118 of the Code shall be re-numbered as section 77, and in the said section as so re-numbered, for the words "an offence punishable with death or imprisonment for life" the words "a capital offence" shall be substituted.

36. Amendment and re-numbering of section 119.-

Section 119 of the Code shall be re-numbered as section 78, and in the said section as so re-numbered, the fourth paragraph shall be omitted.

37. Amendment and re-numbering of section 120.-

Section 120 of the Code shall be re-numbered as section 79, and in the said section as so re-numbered, after the words "offence punishable with imprisonment", the words "not being a capitdI offence" shall be inserted.

38. Substitution of new section for section 120A.-

For section 120A of the Code, the following section shall be substituted as section 80, namely.-

"80. Definition of criminal conspiracy.- When two or more persons agree to commit an offence punishable with death, imprisonment for life or imprisonment of either description for a term of two years or upwards or to cause such an offence to be committed, the agreement is designated a criminal conspiracy.

Explanation 1.- It is immaterial whether the commission of the offence is the ultimate object of such agreement or is merely incidental to the object.

Explanation 2.- To constitute a criminal conspiracy, it is not necessary that any act or illegal omission shall take place in pursuance of the agreement."

39. Substitution of new section for section 120B.-

For section 120B of the Code, the following section shall be substituted as section 81, namely.-

"81. Punishment of criminal conspiracy.- Whoever is a party to a criminal conspiracy shall, where no express provision is made for the punishment of such a conspiracy.-

(a) if the offence which it is the object of the conspiracy to commit or cause to be committed is committed in pursuance of the conspiracy, be punished with the punishment provided for that offence; and

(b) if the offence is not committed in pursuance of the conspiracy, be punished with imprisonment of any description provided for that offence for a term which may extend to one-half of the longest term provided for that offence, or with such fine as is provided for that offence, or with both."



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