Define and explain the offence of criminal conspiracy
Introduction-
1. Conspiracy means a combination of two or more persons for unlawful
purposes
2. It is an agreement between two or more persons to commit an illegal
act. Under the BNS, criminal conspiracy is a considerable offence.
3. The accused is blamed for illegal tricks, notwithstanding a meaningful
allegation under the Bns or another regulation.
4. Criminal conspiracy is managed under Chapter IV of BNS.
5. Criminal conspiracy is a substantive offence under the Bns
Definition-
Section 61 of BNS defines Criminal Conspiracy as-
When two or more persons agree with the common object to do, or
cause to be done-
(i)An illegal act or
(ii)an act which is not illegal by illegal means, such an agreement is
designated a criminal conspiracy.
Criminal Conspiracy-
To constitutes criminal conspiracy the following ingredients are to be
satisfied.
1. There must be an agreement between two or more persons
This means that there must be a mutual understanding or agreement
between two or more individuals to commit a crime. The agreement does
not have to be expressed or written, it can be inferred from the actions and
conduct of the parties.
It was laid down in the case of Bimbadhar Pradhan vs State of Orissa AIR
1956
The Supreme Court upheld the conviction and laid down that conviction of a
single person against the criminal conspiracy is legal
2. The agreement should be for
a) doing an illegal act or
b) doing a lawful act by illegal means, and
The intent should directly relate to the outcome that the conspirators plan
to achieve.
Kehar Singh and others v. State (Delhi Administration) (1988)
This case involved the assassination of a Prime Minister. The Kehar Singh
case dealt with the issue of whether a person can be held liable for criminal
conspiracy in the absence of a direct role in the commission of the crime.
The Supreme Court held that a person can be held liable for criminal
conspiracy even if they did not directly participate in the commission of the
crime, as long as they were a party to the conspiracy.
1. There must exist overt act .
There must be some act in furtherance of the conspiracy. This act, known as
the “overt act,” is a step taken to carry out the illegal agreement. It can be
any activity that helps to advance the conspiracy.
State of Bombay v. Kathi Kalu Oghad (1961)
This case dealt with the issue of whether a conspiracy can be established in
the absence of an overt act. The court held that while an overt act is not
essential to establish a conspiracy, it is necessary to prove the existence of
the conspiracy.
Punishment for criminal conspiracy
For purposes of punishment, Section 61 divides criminal conspiracies into
two classes
i) a party of a conspiracy to commit a serious offence is punished in the
same manner as if he had abetted the offence.
ii) conspiracies to commit any other offence and conspiracies to commit
illegal acts other than offences are subjected to imprisonment for a term
up to 6 months with or without fine or both.
Purpose of Insertion of Section 61-
- Sections 61 was added to the BNS to stop individuals from taking part
in illegal talks or activities, even if they don't immediately take action
or use illegal means.
- These section deal with situations where people plan to do something
wrong, even if they do not actually follow through with their plans. In
legal terms, such individuals are called conspirators.
- Section 61 states that agreeing to carry out an illegal act itself is
illegal. Prosecutors don't must prove that every person involved in the
agreement planned to commit or assist the illegal act themselves. The
existence of the agreement can be proven based on the evidence that
prosecutors have to present.
- Also it makes clear that those involved in a criminal conspiracy will be
held responsible for any act done to carry out the conspiracy. It
clarifies that each member of the conspiracy can be held accountable
for the actions of other members if those actions were part of the
conspiracy's aim. This section was introduced to ensure that plotters
are held accountable for the illegal actions done together by all of
them.
Conclusion
In conclusion, Criminal Conspiracy under BNS is a serious offence that can
result in severe consequences for those who are convicted of it.
Over the years, various landmark cases have helped clarify the legal
principles surrounding criminal conspiracy and have provided guidance to
the courts in dealing with criminal conspiracy cases.
