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Section history

Section 120A — Definition of criminal conspiracy

As in force on 1 February 2008.

Timeline 5 versions
  1. 30 March 1987 Enacted
  2. 1 February 2008 Act 51 of 2007
  3. 30 November 2008 Revised edition
  4. 1 January 2020 Act 15 of 2019
  5. 17 August 2026 Latest
Amended in force 1 February 2008 by Penal Code (Amendment) Act 2007
120A.Definition of criminal conspiracy

(1)When two or more persons agree to do, or cause to be done —

(a)an illegal act; or

(b)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.

Explanation 1.—It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object.

(2)A person may be a party to a criminal conspiracy notwithstanding the existence of facts of which he is unaware which make the commission of the illegal act, or the act, which is not illegal, by illegal means, impossible.