The article is written by Lakshmi Sharma, from,vinoba Bhave University, University law college hazaribagh ( jharkhand)
Criminal conspiracy
Criminal conspiracy is a serious offense that is punishable under the Indian Penal Code (IPC). It is defined under Chapter 5A of the IPC and involves the agreement between two or more persons to commit a criminal act. In this article, we will delve into the details of the criminal conspiracy and discuss the relevant sections and case laws associated with it.
Section 120A of the IPC defines criminal conspiracy as “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”. The section further goes on to say that every person who is a party to the criminal conspiracy shall be punished with imprisonment for a term of up to two years or with a fine, or both.
Section 120B of the IPC deals with the punishment for criminal conspiracy. It states that whoever is a party to a criminal conspiracy to commit an offense punishable with imprisonment for a term of more than seven years, shall be punished with the same punishment as provided for that offense. For offenses punishable with imprisonment for less than seven years or with a fine, the punishment for criminal conspiracy shall be imprisonment for a term of up to six months or with a fine, or both.
The essential elements of criminal conspiracy are agreement, criminal intent, and participation in the agreement by two or more persons. The agreement may be oral or written and may be proved by circumstantial evidence.
Case laws related to criminal conspiracy:
State of Maharashtra v. Som Nath Thapa: In this case, the accused was charged with criminal conspiracy to commit theft of railway property. The Supreme Court held that the agreement between two or more persons to commit an offense is the essence of criminal conspiracy. The court further observed that the agreement need not be proved by direct evidence, and it may be inferred from the conduct of the parties.
Nalini and Others v. State of Tamil Nadu: This case is related to the assassination of former Indian Prime Minister Rajiv Gandhi. The accused were charged with criminal conspiracy, among other offenses. The Supreme Court held that criminal conspiracy requires a meeting of minds to commit an illegal act. The court further held that the mere knowledge or presence of the accused at the scene of the crime is not sufficient to prove their guilt in a criminal conspiracy.
State of Haryana v. Chaudhary Bhajan Lal: In this case, the accused was charged with criminal conspiracy to murder a journalist. The Supreme Court held that a charge of criminal conspiracy must be supported by evidence, and mere suspicion is not sufficient to convict a person of this offense. The court further observed that the evidence must establish that there was an agreement between two or more persons to commit an offense.
State of Rajasthan v. Rajendra Singh: In this case, the accused was charged with criminal conspiracy to commit dacoity. The Supreme Court held that the mere presence of the accused at the scene of the crime is not sufficient to prove their guilt in a criminal conspiracy. The court further held that there must be evidence to establish that there was an agreement between two or more persons to commit the crime.
In conclusion, criminal conspiracy is a serious offense that is punishable under the Indian Penal Code. It involves an agreement between two or more persons to commit an illegal act. The essential elements of criminal conspiracy are agreement, criminal intent, and participation in the agreement by two or more persons. The offense may be proved by circumstantial evidence, and mere suspicion is not sufficient to convict a person of this offense. The punishment for criminal conspiracy varies depending on the offense that was agreed upon. It is essential to note that criminal conspiracy is a heinous crime and should be dealt with severely by the law enforcement agencies.
Aishwarya Says:
Law students often face problems, which they cannot share with their friends and families. We have started a column on our website Student’s Corner. In this column we are talking to several law students about the challenges that they face. Students who are interested in participating in the same, can fill this Google Form.
IF YOU ARE INTERESTED IN PARTICIPATING IN THE SAME, DO LET ME KNOW.
The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.
If you would also like to contribute to my website, then do share your articles or poems to aishwarya@aishwaryasandeep.com
Join our Whatsapp Group for latest Job Opening