We can define Criminal Conspiracy a crime to plan with other people to engage in criminal activity. Indian penal code section 120 A defines criminal conspiracy. As per this the essential elements for criminal conspiracy are presence of two or more persons and agreement among the said persons to do or to cause to be done an illegal act or an act by illegal means.The definition of Criminal conspiracy and the punishment for it are given respectively by Sections 120-A and 120-B of the IPC. But dont you think that why only “talking” about or planning about the crime came out this punishable? Or to what extent talking about a crime can be punishable? It can be answered by saying that The law treats the act of agreeing to commit a crime as “a distinct evil” from the crime itself. This means that if a defendant conspired a crime and also commits it can be charged with both conspiracy to commit a crime and the crime that was completed.
For example, let’s say that A and B decide to murder X. They conspire against X that they will stab him to death. They are guilty of conspiracy to commit murder whether they complete the crime or not. Conversely, if their attempt was a spur-of-the-moment decision and not a product of prior deliberation, and X survives they would be guilty of attempted murder but not conspiracy to commit murder.
The agreement is the most important element of a conspiracy. Since the conspirators need to agree with the conspiracy. The mental state of the conspirators who were aware and cognizant that their behavior was wrong and, in fact a crime, and with willful intent knew and took part in the conspiracy without allerting the authorities that the intended crime was about to take place is important. In a criminal conspiracy the crime is only being intended to be committed but has not actually occured.
We can dig into the definition given in section 120A of IPC. As it says:-
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.
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