Meaning of Criminal Conspiracy

Conspiracy means a combination of two or more persons for unlawful purposes. It is an agreement between two or more persons to commit an illegal act. Criminal conspiracy is a substantive offence under the Indian Penal Code, 1860 (I.P.C.). Generally, the accused is charged with the offence of criminal conspiracy along with the charge of some other substantive offence under the I.P.C. or any other law. Chapter V-A of the I.P.C as inserted in 1913 deals with the offence of criminal conspiracy.

What is IPC 120A?

IPC 120A describes criminal conspiracy as an act of plotting to harm or cause injury through the illegal act, with the help of more than two people with a common intention to achieve a common goal. 

In the case of Rajiv Kumar vs State of UP the court outlined the ingredients of the offense to constitute the crime as a criminal conspiracy. Hence without the following ingredients, the act is not a criminal conspiracy. 

1. More than two people are a must for criminal conspiracy. 
2. The common intention of all the conspirators. 
3. Plot to commit illegal activities or act legally via illegal means.  
4. Agreement of all conspirators to act.

In the case of Pratapbhai Hamirbhai Solanki vs. State of Gujarat, the Supreme court held that intention to cause an illegal act is the most important ingredient.

Essentials Of Criminal Conspiracy

The essentials of this section can be outlined as:

1. There should be an agreement between two or more persons. There must be an agreement between two or more persons. If the conspirators commit several offences in accordance with the criminal conspiracy, all of them shall be liable for the offences, even if some of them did not actively participate in the commission of the crimes.
2. Such an agreement should be done:
   To do an illegal act
   To make a person liable for the criminal conspiracy, the agreement must be to do any act which is either forbidden by law or is opposed to the law.
   (b) Or to do a legal act by illegal means
   When any act is done even though it is lawful but done by illegal means, it constitutes criminal conspiracy.
    
3. The agreement may be expressed or implied or partly expressed and partly implied.
4. As soon as the agreement is made, the conspiracy arises, and the offence is committed.
5. And, the same offence is continued to be committed so long as the combination persists.

The Supreme Court has outlined the above mentioned essential ingredients of criminal conspiracy in R Venkatkrishnan vs CBI.

Proof of Conspiracy

Immediate or fortuitous proof may be utilised to lay out a criminal conspiracy charge. A criminal conspiracy typically happens in a confidential and private setting. This makes it difficult to deliver any positive proof about the date of the conspiracy’s development, the individuals engaged with it, the conspiracy’s article, or how the conspiracy’s item will be completed. Nevertheless, all of this might be derived based on the situation at hand.

Conclusion

Criminal conspiracy is an undeveloped crime, since it doesn’t require the fruition of an unlawful demonstration. A criminal conspiracy is when at least two individuals join together and are fully intent on committing a crime. These days, it is customary to see the arrangement of the criminal conspiracy being utilised very generously, which conflicts with the Supreme Court’s perspectives. Thus, the predominant courts should watch out for the maltreatment of the arrangement while protecting law and order.

FAQs about Criminal Conspiracy

Read also:- Indian Penal Code (IPC) Few Important Sections, Crimes and Punishment

Criminal Conspiracy Under Section 120A of IPC ,Criminal Conspiracy Under Section 120A of IPC