Illustrations:(a) (“A”) makes an attempt to steal some jewels by breaking open a box and finds on opening the box that there are no jewels in it. (“A”) has done an act towards the commission of theft and therefore is guilty under this section. (b) (“A”) makes an attempt to pick the pocket of (“Z”) by thrusting his hand into (“Z’s”) pocket. (“A”) fails in the attempt in consequence of (“Z’s”) having nothing in his pocket. (“A”) is guilty under this section. CHAPTER 8 CRIMINAL CONSPIRACY Section 94 - “Criminal Conspiracy Defined”: An agreement is designated criminal conspiracy when two or more persons agree to commit or to cause the commission of an offence punishable with death or imprisonment. Section 95 - “Punishment in Criminal Conspiracy”: Whoever is a party to a criminal conspiracy shall where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence. CHAPTER 9. OFFENCES AGAINST THE NEW SUDAN NOTE:- As to section necessary before prosecution for offences under this Chapter. See Section 131 of the Criminal Procedure Act, 2003. Section 96 - “Waging or Attempting to Wage War or Abetting Waging of war against the New Sudan”: Whoever wages war against the New Sudan or attempts to wage such war or abets the waging of such war , shall be punished with death or imprisonment for life and shall forfeit all his properties. Section 97 - “Conspiracy to Commit Offences Punishable by Section 96”: Whoever conspires to commit any of the offences punishable by section 96 or conspires to overthrow the New Sudan Authority by means of criminal force or the show of criminal force be punished with imprisonment for a term not exceeding fourteen years. Explanation:To constitute conspiracy it is not necessary that any act or illegal omission shall take place in pursuance thereof. 25