![]() If the agreement is to commit a serious offence, the punishment is more severe. ![]() The punishment for section 120A (criminal conspiracy) depends upon the nature of the offence. Punishment for criminal conspiracy is contained under section 120B of the Indian Penal Code. However, in India, this is not the situation. In English law, if only the husband and his wife conspire to do an illegal act or legal act by illegal means, they cannot be held liable for criminal conspiracy because, legally, they are deemed to be one person or one entity. ![]() Position of Husband and Wife to Criminal Conspiracy And, the same offence is continued to be committed so long as the combination persists. As soon as the agreement is made, the conspiracy arises, and the offence is committed.ĥ. The agreement may be expressed or implied or partly expressed and partly implied.Ĥ. (b) an act that is not illegal in itself but is done by illegal means.ģ. The agreement must be related to doing or causing to be done either: An agreement between two or more persons.Ģ. The Supreme Court has outlined the essential ingredients of criminal conspiracy in R Venkatkrishnan vs CBI as:ġ. When any act is done even though it is lawful but done by illegal means, it constitutes criminal conspiracy. To make a person liable for the criminal conspiracy, the agreement must be to do any act which is either forbidden by law or is opposed to the law. If the conspirators commit several offences in accordance with the criminal conspiracy, all of them shall be liable for the offences, even if some of them did not actively participate in the commission of the crimes. There must be an agreement between two or more persons. (b) or to do a legal act by illegal means. There should be an agreement between two or more persons. The essentials of this section can be outlined as:ġ. Essential Ingredients of Criminal Conspiracy, Section 120A, IPC In the State of Tamil Nadu vs Nalini (1999), commonly known as the Rajiv Gandhi assassination case, it was held that the corporation of accused with the main accused or even his knowledge regarding conspiracy would not make the accused liable for conspiracy as the agreement is the sine qua non (essential) for the offence of conspiracy. ![]() However, this rule has been changed in subsequent cases. Where the prosecution proves that two or more persons were connected in a conspiracy and they could not be caught, one alone can still be convicted.Įarlier, one person alone could be held liable for the offence of criminal conspiracy. It is sufficient that the court proves that two or more than two persons were actually involved in the criminal conspiracy. In Bimbdhar Pradhan vs the State of Orissa (1956), the Supreme Court held that one person could also be convicted for the offence of conspiracy. In other words, joint evil intent is mandatory. Passive cognizance of conspiracy is not enough. And for that, no proof of direct meeting or communication is needed. To establish criminal conspiracy charges under section 120A, there must be an agreement, either expressed or implied. It means that only agreement or intention is not enough to make a person liable for criminal conspiracy unless they have done something unlawful or illegal by unlawful or illegal means. When two or more people consent to do or have done any illegal act or an act that is legal by illegal means, they are said to have committed an offence of a criminal conspiracy.Ī criminal conspiracy not only consists of the agreement or meeting of intention or minds between two or more than two persons but an actual commission of an unlawful act by unlawful means. ![]()
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