Conspiracy
Criminal conspiracy refers to an agreement between two or more persons to commit an illegal act or a legal act by illegal means. Under Section 120A of the Indian Penal Code (IPC), the essence of conspiracy lies in the unlawful agreement itself, and the offence is complete the moment such agreement is made. Unlike other offences that require an overt act, conspiracy can exist even without any physical step toward execution, unless the agreement is only to commit an offence that does not itself amount to a crime. The law recognizes conspiracy as a serious offence because collective criminal planning poses greater danger to society than individual actions.
Legal Elements and Scope
For a conspiracy to be established, there must be (a) an agreement between two or more persons, (b) the objective must be illegal, and (c) an intention to commit the unlawful act. Section 120B IPC prescribes punishment for criminal conspiracy, which may include imprisonment, fines, or both, depending on the gravity of the intended offence. Courts have held that conspiracy can be proved through circumstantial evidence, as direct evidence of secret planning is rare. Even if one conspirator withdraws, the conspiracy remains valid as long as the agreement existed at some point. The law treats all conspirators equally, making each liable for acts done in furtherance of the plan.
Importance and Judicial Approach
The doctrine of conspiracy is significant because it allows the law to prevent crimes before they occur. Judicial interpretation emphasizes that conspiracy is mostly inferred from conduct, communication, and coordinated actions among accused persons. The Supreme Court has repeatedly stated that conspiracy is a continuing offence that may evolve as plans progress. The punishment under Section 120B acts as a deterrent, particularly in cases involving terrorism, organized crime, and economic offences. The concept ensures that criminal networks are dismantled at the planning stage, safeguarding public order and national security.
Real-Time Example
Suppose three individuals secretly agree to rob a jewellery shop. They meet multiple times to plan the getaway route, assign roles, and discuss methods to disable the security system. Even if the robbery never takes place because the police receive a tip-off, the agreement itself amounts to criminal conspiracy under Section 120A IPC. All three are liable under Section 120B, regardless of whether any further act was committed. This highlights how conspiracy criminalizes preparation itself when done collectively for an unlawful purpose.
Mnemonic to Remember – “A.I.M.”
Use A.I.M. to remember conspiracy:
- A – Agreement between two or more persons
- I – Illegal objective or illegal means
- M – Mutual intention to commit the unlawful act
This simple mnemonic helps recall the core elements of criminal conspiracy.
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