Criminal Conspiracy Definition
1.0 INTRODUCTION
Imposing liability for an act never committed may sound baffling at first, but this does happen, Criminal conspiracy is that field of law which essentially involves the imposition of criminal liability on the basis of the intention or Mens Rea of the individuals’ intending to commit the crime, though in actuality the said crime is never committed.
In lay man terms the crime of conspiracy occurs when two or more people form an agreement to commit a crime, there is however no limit on the number of people who can participate in the conspiracy . Conspiracy law requires that the parties involved devise to engage in an illegal act, and have a general intent to violate the law . A criminal conspiracy occurs when two or more people
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The paper also intends to find out as to how does law justify itself in imposing liability for an intention which was never materialized into action. The paper will also analyse the relevant Sections under the Indian Penal Code dealing with Criminal conspiracy.
3.0 CRIMINAL CONSPIRACY
The definition of the term ‘Criminal Conspiracy’ is given under Section 120-A of the Indian Penal Code:-
“Definition of criminal conspiracy - When two or more person agree to do, or cause to be done,
(1) An illegal act, or
(2) 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.
Explanation: - It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object.”
In order to fully appreciate the concept of criminal conspiracy it is essential to understand that
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It states as under:-
"S.10. Things said or done by conspirator in reference to common design:-Where there is reasonable ground to believe that two or more persons have conspired together to commit an offence or an actionable wrong, anything done, said or written by any one of such persons in reference to their common intentions, after the time when such intention was first entertained by any one of them, and is a relevant fact as against each of the persons believed to be so conspiring, as well as for proving the existence of the conspiracy as for the purpose of showing that any such person was a party to it."
Thus, the substantive section of the IPC i.e. Section 120A adumbrated thereon Section 10 of the Indian Evidence Act give us the legislative provisions applicable to conspiracy and its proof.
In E.K Chandrasenan v. State of Kerala The Supreme Court observed that ‘Conspiracies are by their nature not hatched in the open, they are secretly planned, and they can be proved by circumstantial evidence; and the lack of direct evidence in relation to conspiracy has no
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