Discuss the definition and essential Ingredients of the following under the Indian Penal Code 1860. a) Criminal Conspiracy (Sec 120A) b) Dishonest Misappropriation of Properly (Sec-403)

a) Criminal Conspiracy (Section 120A of the Indian Penal Code, 1860):

Criminal conspiracy is defined under Section 120A of the Indian Penal Code, 1860, and it occurs when two or more persons agree to commit an illegal act or to accomplish a legal act by illegal means. The section provides the framework for penalizing the agreement to commit a crime, even if the actual offense is not carried out.

Essential Ingredients of Criminal Conspiracy:

1. Agreement: The first essential ingredient of criminal conspiracy is the existence of an agreement between two or more persons. This agreement may be explicit or implicit and can be inferred from the conduct of the parties involved. The agreement must be for the commission of an illegal act or the attainment of a legal act through illegal means.

2. Intention: There must be a common intention among the conspirators to commit the illegal act or achieve the illegal objective. The intention to commit the offense is crucial, and mere knowledge or presence of others is not sufficient to establish criminal conspiracy.

3. Act or Omission: The agreement must involve an act or omission that constitutes an offense under the law. The object of the conspiracy may be to commit any offense punishable under the Indian Penal Code or any other law.

4. Knowledge: Each conspirator must have knowledge of the agreement and its unlawful objectives. Even if some conspirators do not actively participate in the execution of the offense, their knowledge and tacit consent to the conspiracy can render them liable under Section 120A.

5. Overt Act: While an overt act is not necessary to establish criminal conspiracy, the commission of overt acts in furtherance of the conspiracy may serve as evidence of the agreement and the intention to commit the offense.

b) Dishonest Misappropriation of Property (Section 403 of the Indian Penal Code, 1860):

Dishonest misappropriation of property is defined under Section 403 of the Indian Penal Code, 1860, and it occurs when a person dishonestly appropriates movable property to his own use without the consent of the owner. This offense is closely related to theft but does not involve the element of taking the property away from the possession of the owner.

Essential Ingredients of Dishonest Misappropriation of Property:

1. Appropriation: The first essential ingredient of dishonest misappropriation of property is the act of appropriation. Appropriation involves the assumption of rights over the property by a person who is not the owner, with the intention of depriving the owner of its use or benefit.

2. Dishonesty: The appropriation must be done dishonestly. Dishonesty implies a lack of honesty or integrity in the person's actions, with the intention to deceive or defraud the owner of the property.

3. Movable Property: Dishonest misappropriation applies to movable property, which includes any property that can be physically moved or transferred from one place to another.

4. Without Consent: The appropriation must be done without the consent of the owner. The offender must take the property without the owner's permission or against the owner's wishes.

5. Intention to Permanently Deprive: There must be an intention on the part of the offender to permanently deprive the owner of the property or to retain it for his own use or benefit.

In summary, criminal conspiracy under Section 120A involves an agreement between two or more persons to commit an illegal act, while dishonest misappropriation of property under Section 403 pertains to the unauthorized appropriation of movable property with the intention of permanently depriving the owner of its use or benefit. Both offenses have specific essential ingredients that must be satisfied to establish criminal liability under the Indian Penal Code.