Criminal conspiracy

 CRIMINAL CONSPIRACY

(SECTION 120A, 120B of Indian Penal Code)

Secret planning of committing a unlawful or harmful is called to conspire and criminal

conspiracy is when two or more people agree to do something illegal act which has harmful

or unlawful outcome, this labels to criminal conspiracy.

Criminal conspiracy is defined under Chapter VA, Section 120A and Section 120B talks

about the punishment of criminal conspiracy of Indian Penal Code,1860.

Section 120A, defines criminal Conspiracy as an agreement of two or more persons to do or

cause to be done-

1. An illegal act, or;

2. An act that is not illegal by illegal means.

According to the proviso attached to Section 120A, there is no need to prove an overt

conduct or illegal omission in order for there to be a criminal conspiracy—merely

agreeing to commit an offence qualifies. Only where the conspiracy's goal is the

performance of an illegal act that does not constitute a crime is such an overt action

required. Whether the illegal behavior is the agreement's primary goal or is just a

byproduct of it is irrelevant.

Section 120B of IPC, provides for the punishment of criminal conspiracy-

 Where the criminal conspiracy is to commit a serious offence: In cases where the

conspiracy is to commit an offence-

1. Punishable with death, 

2. Imprisonment for life or

3. Rigorous imprisonment for a term of two years or upwards 

4. and where no express punishment is provided under the Code for such conspiracy,

every person who is a party to 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 in the first category: Anyone

who participates in such a criminal conspiracy will be penalised with either type of

imprisonment for a term not to exceed six months, a fine, or both.

ESSENTIALS OF CRIMINAL CONSPIRACY

The essentials of the section can be outlined as:

1. An agreement between two or more persons

2. The agreement should be done: to do an illegal act, or to do a legal act illegal

means

I. Agreement between two or more persons: -

There must be at least two conspirators in order for an illegal conduct or an otherwise

legal act to be performed or caused to be performed. However, if the other

conspirators are unidentified, absent, or deceased, one individual may be charged with

criminal conspiracy on their own.

II. Anyone who agrees to conduct any act that is either against the law or is prohibited by

it is responsible for a criminal conspiracy.

Kehar Singh and others v. State (Delhi Administration) (1988) SC

In this decision, the Honorable Supreme Court ruled that an agreement between two or

more people to commit an illegal act is the most crucial element of the conspiracy crime.

Whether or not such an illegal act is carried out in accordance with the agreement, it is

nonetheless illegal and punished in and of itself.

POSITION OF HUSBAND AND WIFE TO CRIMINAL CONSPIRACY

If only the husband and his wife engage in a criminal conspiracy to commit an unlawful

conduct or a legitimate act through unlawful means, they cannot be prosecuted under

English law because, in the eyes of the law, they are considered to be one person or one

thing. However, this is not the case in India.