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INTRODUCTION
Criminal conspiracy is defined in section 120-A of Indian Penal Code 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, provided that no agreement except an agreement to commit an offense 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”.
It has been always seen that the laws relating to the conspiracy are extremely complex. Even one may find the laws arbitrary related to the conspiracy. Under English Law, a Criminal Conspiracy is said to be committed when two or more persons agree to do something that is contrary to law or to do any act that is harmful towards another person.
Glanville William was of the opinion that, “If the mere intention of one person to commit a crime is not criminal, why should the agreement of the two people to do it make it criminal? The only possible reply is that the law is fearful of numbers and that act of agreeing to offend is regarded as such a decisive step as to justify its own criminal section” [1]
There is a deep relationship between criminal conspiracy and riots. Often a complementary relationship is seen between the two. Riots are a result of criminal conspiracy. We all know that how the riots are detrimental to our national economy. The best recent example of both criminal conspiracy and Riots is the recent farmer’s protest against three contentious farm laws.
Let us look at brief what is criminal conspiracy in brief and the time-to-time legal cases related to the same.
ESSENTIAL INGREDIENTS OF CRIMINAL CONSPIRACY
In order to establish a conviction under the section, there are certain ingredients that need to be satisfied. These are as follows:
· Two or more persons must be involved
· There should be an agreement between the two
· An agreement must be to do or cause to be done an illegal act or a legal act by illegal means.
The provision elucidates that mere entering into the agreement will be sufficient to constitute the offense of criminal conspiracy. But when there is an involvement of illegal means then it is necessary to show some overact has been committed by the parties. The existence of knowledge of the object regarding the commission of conspiracy is the essential element to commit an offense. [2]
The term ‘Illegal’ has been provided in section 43 of the Indian Penal Code, 1860. It is defined as follows:
· An offense
· Forbidden by law
· Provides ground for civil liability
When we criminalize the offense of the crime of conspiracy, then it becomes a substantive offense. The apex court has said the following in the same regard.
“Lawmaking conspiracy a crime is designed to curb immoderate power to do mischief which gained by the combination of the means. The encouragement and support which co-conspirators give to one another rendering enterprise possible which, if left to individual effort, would have been impossible, furnish the ground for visiting, conspirators and abettors, which condign punishment”. [3]
NATURE AND SCOPE OF SECTION 120A
The agreement between two or more persons to commit a crime gives origin to the offense of conspiracy. It is irrelevant whether such an act has been brought into motion or not. In order to establish a conviction under section 120-A, the existence of the agreement is the sin qua non for the offense of conspiracy. The commission of a crime may be either implied or express. The only thing required is the unity of objects and not the physical unity.
It is not necessary that all the conspirators should know each other. Consensus-ad-idem to commit an illegal act is the requisite essential. After the individuals have gained knowledge of the scheme, some may be carrying out the illegal act and some maybe not.
It is very interesting to note that the individuals, who do not carry out with the mala fide intention, may not be counted as conspirators. But the persons who were either indirectly or directly engaged in committing a crime will be held liable for conspiracy.
The apex court in the case of Mohd Hussain Umar Kochra V. K Dalip Singhji [4] has cleared the part on which each member has played in the conspiracy as:
“The agreement is the gist of the offense. In order to constitute a single general conspiracy, there must be a common design and a common intention of all to work in furtherance of a common design. Each conspirator plays his separate part in one integrated and united effort to achieve the common purpose. Each one is aware that he has a part to play in a general conspiracy though he may not know all its secrets or the means by which the purpose is accomplished.
The evil scheme may be promoted by a few, some may drop out and some may join later, but the conspiracy may develop in successive stages. There may be a general plan to accomplish the common design by such design a may from time to time be found expedient. The common intention of the conspirators is then to work for the furtherance of the common design his group only”.
PROOF OF CONSPIRACY-THE MOST DIFFICULT THING
The most difficult task is to adduce primary evidence for proving a charge of conspiracy because it is planned in secrecy. The inferences drawn from the illegal omissions committed by the conspirators led to a conviction under this section. The courts are required to enquire about the existence of independence of individuals who have a common design.
There are certain conditions laid down in section 10 of the Indian Evidence Act, 1872 which provides as follows:
· The agreement must be proved by prima facie evidence.
· After fulfilling the condition above, anything that is done, written, or said in furtherance of common intention will prove as the evidence against all the parties.
· Anything done or said after the formation of common intention by the conspirators would be admissible.
CONCLUSION
We have seen about the criminal conspiracy. Most of the time it has been seen that riots are a result of criminal conspiracy. Recent pictures of riots have hampered national growth. Not only national growth but also have spoiled our image internationally. The recent protests on Republic Day on the issue of farm laws have truly embarrassed us both nationally and internationally. India is our nation. To protect, it is our duty and our own pride.
ENDNOTES
[1] Glanville Williams, Textbook of Criminal Law: The General Part (second edn, Stevens & Sons, London, 1983, Indian Reprint by Universal Publishing) p 420
[2]Mohd Amin v. CBI [2008] 15 SCC 49
[3]Devender Pal Singh v. State (NCT of Delhi) AIR 2002 SC 469
[4]AIR 1970 SC 45
REFERENCES
1. LEGAL BITES, https://www.legalbites.in/criminal-conspiracy/, (last visited on February 23, 2021)
2. LAW SHELF, https://lawshelf.com/shortvideoscontentview/criminal-conspiracy/, (last visited on February 23, 2021)