This article is written by Avantika Jain, an intern under Legal Vidhiya.
What is crime?
A crime[1] is an act that is illegal because it violates the public interest. Such a ban is accompanied by the prospect of repercussions. This indicates that if the conduct is performed, a certain punishment will be imposed.
Acts reus must consequently exist in order for a crime to be committed. Specifically, an act or activity is accompanied by means rea, which signifies malice or criminal intent. Such an act with the purpose to hurt or injure the community must have specific exterior effects.
A crime might entail either good or bad conduct. As a result, committing an unlawful act is just as much a criminal as failing to commit an act that causes harm or injury to another person.
What is a criminal conspiracy?
Until its inclusion in the Criminal provisions, the conspiracy was considered a civil wrong. The IPC only makes conspiracy criminal in two ways.
- Conspiracy through abetment
- Certain crimes have elements of conspiracy. For instance, “thug”, “robbery”, etc.
However, in 1868, the definition of conspiracy was expanded, and it was decided that when two or more people agree to commit unlawful conduct or to commit a legitimate act using illegal methods, the plot becomes a punished crime. As a result, criminal conspiracy punishes purpose without the accomplishment of the specific overt action. Section 121A of the Indian Penal Code of 1870 accommodated this expanded scope.
This section did not require that the act or omission be committed in furtherance of the conspiracy.
This changed with the establishment of Chapter V-A of the IPC, which contains Sections 120A and 120B. These clauses expanded the scope of the country’s conspiracy legislation.
Section 120A[2] of the Penal Code states that-
“120A. Criminal conspiracy definition.—When two or more people agree to perform or cause to be done, a. an unlawful act, or
b. an act that is not illegal but is done illegally, this is referred to as a criminal conspiracy:
Provided, however, that no agreement, other than an agreement to commit an offence, will constitute a criminal conspiracy unless one or more parties to such agreement perform some act other than the agreement in furtherance thereof.
— Explanation.: It makes no difference whether the illegal behavior is the ultimate goal of the agreement or just a byproduct of it.”
As a result of this definition, conspiracy constituted a substantive offence, as well as a form of abetment, conspiracy to wage war against the Government of India, and involvement in other particular offences.
The Fundamentals of Criminal Conspiracy
The fundamentals are as follows:
- An agreement should be reached between two or more people.
An agreement must be reached between two or more people. though the conspirators conduct many crimes in line with the criminal conspiracy, they will all be held accountable, even though some of them did not actively engage in the commission of the crimes.
- A similar agreement should be reached:
- to do an unlawful act
To make a person accountable for criminal conspiracy, the agreement must be to commit any conduct that is either illegal or contrary to the law.
- Or to commit legal conduct using illicit methods.
When permissible conduct is carried out through illicit methods, it constitutes a criminal conspiracy.
- The agreement might be explicit, implicit, or both expressed and implied.
- The conspiracy begins as soon as the agreement is reached, and the offence is performed.
- And, as long as the combination exists, the same offence is committed.
Punishment for criminal conspiracy:
Criminal conspiracy is a punishable offence under Section 120B of the Indian Penal Code, 1860. The clause is as follows:
- “120B. Punishment of criminal conspiracy.—
1. Whoever is a party to a criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, 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.
2. Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment of either description for a term not exceeding six months, or with fine or with both.”
Section 120B thus categorizes conspiracy into 2 categories.
1. Conspiracy to commit a severe offence- This is an offence punishable by imprisonment for more than two years- In the absence of specific provisions in the IPC, he would be punished in the same way as if he had assisted the offence.
2. Conspiracy to commit other offences- Shall be penalised by a standard penalty, i.e. a fine or imprisonment for up to 6 months, or both.
- Section 120B should be read in conjunction with Section 196 of the 1973 Code of Criminal Procedure, which states:
“196. Prosecution for crimes against the state and criminal conspiracy to commit such crimes.”
1. No Court shall have jurisdiction over-
a. any offence punishable by Chapter VI or Section 153A of the Indian Penal Code, or2 Section 295 A or Subsection (1) of Section 505] of the Indian Penal Code (45 of 1860).
b. a criminal conspiracy to commit such an act
c. any such abetment as defined in section 108A of the Indian Penal Code (45 of 1860), unless beforehand sanctioned by the Central Government or the State Government.
1.A Except with the prior sanction of the Central Government, the State Government, or the District Magistrate, no Court shall take cognizance of-
a. any offence punishable under section 153B or sub-section (2) or sub-section (3) of section 505 of the Indian Penal Code (45 of 1860),
b. a criminal conspiracy to commit such offence.
2. No Court shall take cognizance of the offence of any criminal conspiracy punishable under section 120B of the Indian Penal code (45 of 1860 ), other than a criminal conspiracy to commit an offence] punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, unless the State Government or the District Magistrate has consented in writing to the initiation of the proceedings: Provided that where the criminal conspiracy is one to which the provisions of section 195 apply, no such consent shall be necessary.
3. Before granting sanction under sub-section (1) or sub-section (1A), the Central Government or the State Government may, and the District Magistrate may, order a preliminary investigation by a police officer not being below the 1 Subs. Act. 45 of 978, s. 16, for ” a cognizable offence” (w. e. f. 18- 12- 1978)
As a result, in the conditions described above, the Court must get the permission of the District Magistrate or the State Government before taking notice of the conspiracy. Section 196(3) requires any of them to conduct a preliminary inquiry with the assistance of the Police before providing the sanction or approval.
Critical Analysis
The primary goal of adding Sections 120A and 120B to the Code appears to be to prevent criminal intentions from manifesting into tangible criminal acts that are harmful to society as a whole. According to Section 43 of the Code, unlawful conduct under the Indian Penal Code entails the commission of an offence, an act prohibited by law, or an act that gives rise to civil responsibility. The existence of an agreement between the participants is a sine qua non for the foundation of the offence of criminal conspiracy. This agreement might be spoken or implicit; what matters is that there be consensus ad idem, or a meeting of minds.
The agreement must be read in its whole to determine the goal. It is not always essential to convict more than one person for the crime of criminal conspiracy; it is sufficient if the court is persuaded that more than two or individuals were genuinely involved in the plot. The criminal may join the conspiracy at any moment before the achievement of the agreement’s purpose; regardless of the time of joining, each participant to the offence will be held equally liable. A criminal conspiracy is said to continue as long as the agreement’s parties continue to act in pursuit of the agreement’s objectives.
Proof of a Conspiracy
Criminal conspiracy can be shown by direct or indirect evidence. A conspiracy is frequently born in a covert and private environment, making it nearly hard to present any affirmative proof concerning the date of the criminal conspiracy’s creation, the individuals participating in it, the purpose of such conspiracy, or how such object is to be carried out. Everything else is a question of inference.
It was considered that agreement or meeting of minds is one of the key evidences to show the conspiracy under this provision, and it is also one of the most difficult to prove since, as we all know, the offender does not admit to the fact that he is engaged with someone. It is just a matter of circumstances that can establish that those two have reached an agreement. As a result, criminal conspiracy is predicated on indirect evidence in most situations since direct proof is lacking.
It should also be highlighted that there is no conspiracy between the husband and wife because they are considered one person.
Section 10 of the 1872 Indian Evidence Act
Section 10 of the Indian Evidence conduct states that if a conspiracy to perform an illegal conduct is shown, one conspirator’s act becomes the act of another. Section 10 addresses evidence admissible in a conspiracy case. It states that anything spoken, done, or written by any of the conspirators in relation to their common objective is admissible against all of them in showing the existence of the conspiracy or that any such person was a party to the conspiracy. However, before such a reality may be accepted, the following requirements must be met:
- There must be reasonable suspicion that two or more people plotted to conduct an offence or an actionable harm.
- Anything spoken, done, or written concerning their shared intention by any of them will be admissible as evidence against the others if stated, done, or written after the time when such intention was first formed by any of them.
Case laws:
- Kehar Singh and others vs. State (Delhi Administration) (1988) Sc[3]
In this decision, the Supreme Court ruled that the most crucial component of conspiracy is an agreement between two or more people to commit illegal conduct. Such illegal conduct may or may not be done in accordance with the agreement, but the agreement itself is illegal and punished.
- Sc. Major E.G. Barsay vs. The State Of Bombay (1962) Sc[4].
In this instance, it was determined that an agreement to breach the law comprises the essence of the criminal conspiracy crime under Section 120A IPC. Even if the illegal conduct promised to be done by the participants is not carried out, they are guilty of criminal conspiracy. The Court also ruled that it is not necessary for all participants to agree on a single illegal conduct to commit a criminal conspiracy, and that a conspiracy might consist of numerous acts.
- 1987, Hans Yadav vs. State of Bihar[5]
In this instance, it was discovered that it is impossible to substantiate conspiracy allegations with direct evidence. The only method to prove criminal conspiracy is for the prosecution to establish the link between the many chain events.
Conclusion
In conclusion, criminal conspiracy is a serious offence in most legal jurisdictions. It involves two or more individuals agreeing to commit a crime and taking some overt act in furtherance of that agreement. Criminal conspiracy can be punished even if the planned crime was never carried out. The penalties for conspiracy vary depending on the nature of the crime and the jurisdiction, but they can include fines, imprisonment, and other legal consequences. It is important for individuals to understand the seriousness of criminal conspiracy and to avoid engaging in any activities that could be construed as conspiratorial. Additionally, law enforcement agencies have the responsibility to investigate and prosecute instances of criminal conspiracy in order to protect society and deter others from engaging in similar behavior.
[1] A crime is an act or omission that violates a public law, either forbidding or commanding it, and that the law makes punishable by possible penalties such as jail, prison, or fine
[2] When two or more persons agree to do or cause to be done: an illegal act, or 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.
[3] 1988 SCC (3609)
[4] 1961 0 AIR(SC) 1962 ; 1961 0 CrLJ 828 ; 1962 0 MLJ(Cri) 153 ; 1962 1 SCA 106 ; 1962 1 SCJ 231 ; 1962 2 SCR 195 ; 1961 0 Supreme(SC) 201
[5] 1987 AIR 955
