Abstract
When two or more persons come together for unlawful purpose then it is called Conspiracy. It is a sort of agreement between the people coming together to commit an Illegal Act. Criminal Conspiracy is a very serious offence which is booked under The Indian Penal Code, 1860. Normally, the accused is charged with the offence of criminal conspiracy along with some other substantive offence under the Indian Penal Code, 1860 or any other law. The members involved in such activities to such an understanding will be held blameworthy of conspiracy, regardless of whether the unlawful undertaking consented to be done has not been committed. So, it’s anything but an element of the offence that all the members ought to consent to commit an unlawful act. It might contain the commission of various acts. Conviction for criminal conspiracy can result in severe penalties, including fines, imprisonment, and a permanent criminal record. The severity of the punishment depends on the nature and scope of the conspiracy, as well as the degree of participation of each individual involved.
Keywords
Conspiracy, I.P.C, Illegal Act, Offence, Agreement, Unlawful Behaviour.
Introduction
Criminal conspiracy is a term used in criminal law to describe an agreement between two or more people to commit an unlawful act or to achieve a lawful objective by unlawful means. The key element of a criminal conspiracy is the agreement between the parties involved, regardless of whether the actual crime is carried out or not. Conspiracy can involve any type of criminal activity, such as drug trafficking, theft, fraud, or even murder. The act of conspiracy itself is considered a crime, as it poses a threat to society by creating a plan to engage in unlawful behaviour. Prosecutors must provide evidence that the accused individuals entered into an agreement and took steps to carry out the conspiracy. These steps can include discussions or meetings, the exchange of money or other resources, and the commission of overt acts in furtherance of the conspiracy. If convicted of criminal conspiracy, the individuals involved can face significant penalties, including fines, imprisonment, and a permanent criminal record. The severity of the punishment depends on the nature and scope of the conspiracy, as well as the degree of participation of each individual.
Definition of Criminal Conspiracy
Section 120A of the Indian Penal Code, 1860, states that,
Criminal Conspiracy is an agreement of two or more persons to do or cause to be done-
- An illegal act,
or; - An act that is not illegal by illegal means.
Section 43 of The Indian Penal Code, 1860 defines the term ‘illegal’ as everything that is an offence or is prohibited by law or furnishes ground for a civil action.
Punishment of Criminal Conspiracy
Section 120B of The Indian Penal Code, 1860 provides for punishment of criminal conspiracy- - Where the criminal conspiracy is to commit a serious offence: In cases where the conspiracy is to commit an offence-
- Punishable with death,
- Imprisonment for life, Or;
- Rigorous imprisonment for a term of two years or more
and where no express punishment is provided under the Code for such conspiracy,
Every person who is part of such a criminal conspiracy shall be punished in the same manner as if he had abetted such offence. - Criminal conspiracy to commit offences other than those covered in the first category:
Whoever is a party to such a criminal conspiracy shall be punished with imprisonment of either description for a term not exceeding six months or with fine or with both.
Proof of Conspiracy
The offence of criminal conspiracy can be proved by either direct or inconclusive evidence. A conspiracy is usually devised in a secret and private setting which is why it is almost impossible to produce any supporting evidence about the date of the formation of the criminal conspiracy, the persons associated in it or the object of such conspiracy or how such object is to be carried out. All of this is a matter of conclusion.
Section 10 of Indian Evidence Act, 1872
Section 10 of The Indian Evidence Act, 1872, states that the principle that once a conspiracy to commit an illegal act is proved, an act of one conspirer becomes the act of another. Section 10 deals with the relevancy of evidence in a conspiracy case. It provides that anything said, done or written by any one of the conspirators in respect of their general purpose is admissible against all the conspirators for proving the existence of the conspiracy or that any such person was a party to the conspiracy. However, the following conditions are to be satisfied before such fact can be admitted-
- There should be reasonable ground to believe that two or more persons have conspired to commit an offence or an actionable wrong.
- Anything said, done or written by any one of them about their general purpose will be evidence against the others provided it is said, done or written after the time when such purpose was first formed by any one of them or all of them together.
Conclusion
Criminal conspiracy is a serious offense that involves two or more people working together to commit a crime. The crime does not have to be completed for a conspiracy charge to be filed, as long as there is evidence that the individuals involved intended to commit a crime and took steps towards carrying out the crime. The offence of criminal conspiracy comes under the category of attempted crimes as it does not require the commission of an illegal act. Criminal conspiracy is a collaboration in crime and a joint or mutual agency exists in each conspiracy for the execution of a common plan. Conspiracy charges can be complex and difficult to prove, as they often rely on circumstantial evidence and the testimony of co-conspirators. However, if convicted, the penalties can be severe, including hefty fines and lengthy prison sentences.
In conclusion, criminal conspiracy is a serious offense that should not be taken lightly. It is important for individuals to understand the legal consequences of conspiring to commit a crime and to refrain from engaging in such behaviour.
This article is written by Yash Tated from Adhia College of Law (3 years) during his Internship at LeDroit India.
