SHORT NOTE: Criminal Conspiracy

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 Criminal Conspiracy:

A conspiracy has been defined as when two or more persons agree to do or cause to be done: an illegal: or an act which is not illegal, by illegal means. It is further provided in sec120A of the IPC  THAT FOR CONSPIRACY TO EXIST SOME ACT BESIDES THE AGREEMENT BETWEEN THE PARTIES MUST BE DONE IN PURSUANCE OD AGREEMENT.

The law on conspiracy has been extensively discussed in State vs Nalini(1999) 5 SCC 60, It was pointed out that the meetings of minds of two or more persons for doing an illegal act or an act by illegal means are a sine qua non of the criminal conspiracy.

The Supreme court has held that each of the conspirators needs to have taken an active part in the commission of each and every one of the conspirational acts for the offence of conspiracy to be made out. Since a conspiracy is usually  “hatched in secrecy”, the prosecution need not necessarily prove that accused persons expressly agreed to do so.

Sec 120-B of the IPC DIVIDES CONSPIRACIES INTO TWO categories:

1.    Sec120-B(1) provides punishment for a person who is a party to a criminal conspiracy to commit an offence punishable with death, imprisonment of life or rigorous imprisonment for a term of two years or upwards in the same manner as if such person has abated such offence.

2.    Sec120-B(2) provides that in any other case the accused shall be punished with imprisonment of either description for a term not exceeding six months or with fine or both.


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