Criminal Conspiracy
Criminal Conspiracy
This section has introduced into a criminal law of India a new offence
namely the offence of criminal conspiracy. It came into existence by
Criminal Law Act 1913. Offence of criminal conspiracy is an exception to
the general law where intent alone does not constitute crime. It is
intention to commit crime and joining hands with persons having the
same intention.1
The objective behind the offence is to punish the offender at the stage
of agreement for commission of crime. By this way this offence can be
justified on an ancient saying that “Prevention is better than cure”.
Ingredients: - The ingredients of this offence are: -
There must be an agreement between the persons who are alleged to
conspire;
That the agreement should be for doing of an illegal act, or
For doing by illegal means an act which may not itself be illegal 2
1
Superintendent of Police, CBI/SIT vs Nalini and others, 1999
2
Yogesh vs State of Maharashtra AIR 2008 SC and Raja vs State of Tamil Nadu 2010
Elements of Criminal Conspiracy: -
a) an object to be accomplished,
b) a plan or scheme embodying means to accomplish that
object,
c) an agreement or understanding between two or more of
the accused persons whereby, they become definitely
committed to cooperate for the accomplishment of the
object by the means embodied in the arguments or by any
effectual means,
3
Jagdish Prasad vs. State of Bihar, 1990 conspiracy with railway employees to procure allotments of wagons
undercovers of fake letters.
4
Darshan Singh vs State of Punjab AIR 1983, Supreme court considered it to be unbelievable that the accused
hatched their plot while taking drinks in the presence of a stranger.
5
Damodar vs. State of Rajasthan 2004
the detailed stages of the conspiracy. The necessary requisite is the
knowledge of the main object and purpose of the conspiracy. 6
This section has to be read along with Section 196 of the Cr. Pc which
requires pervious sanction of the state government or the District
Magistrate to launch prosecution in respect of a criminal conspiracy to
commit an offence punishable with less than 2 years imprisonment.
thus, where the object of conspiracy was cheating by false personation
under Section 419 IPC which is an offence punishable with 3 years’
imprisonment the mere fact that there were other non-cognizable
offences for which to the accuses has been charged would not vitiate
the trial in absence of sanction under Section 196(1A) (2) Cr. Pc as that
section is meant to be applicable to a case where the object of
conspiracy is to punish an offence punishable with less than 2 years
imprisonment.7
6
Mohd. Amin vs CBI 2008 SCC49
7
Vinod Kumar Jain vs state through CBI 1991 conspiracy being a mixed transaction, may involve several
offences e.g. bribing the person to enable the accused to commit the main act.
8
N.V Subba Rao vs State 2013
Hooch Tragedy Case: -
Sentence: -
Where the accused is charged both under S. 109 as well as S. 120B IPC and the
offence abetted is shown to have been committed as a result of the abetment,
the abettor should be punished with the imprisonment provided for the
principle offence. Under Sec 109 of IPC and no separate sentence need to be
recorded under Sec 120(B) IPC10
where the charge of conspiracy fails the individual accused could still be
convicted for the offences committed by them and sentenced accordingly 11.
9
Chandran vs. State AIR 2011 SC 1594
10
State of Tamil Nadu vs Savithri 1976
11
State of Orissa vs Bishnu Charan Muduili 1985