About Criminal Conspiracy under IPC:

Under the Indian Penal Code (IPC), it is defined under Section 120-A. It states that when two or more persons agree to commit an illegal act, or an act that is not illegal but is carried out by illegal means, it amounts to a criminal conspiracy. It is a substantive offence, meaning it is an independent offence punishable under the law. The punishment depends on the nature and severity of the underlying offence that is the object of the conspiracy. The offence focuses on the agreement and intention to commit a crime. It does not require the actual commission of the offence. Even if the illegal act is not carried out, the conspiracy itself is considered a criminal offence. The section reads as:

“120A. Definition of criminal conspiracy: When two or more per­sons 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.

The object of the offence:

• Prevention: By making conspiracy itself an offence, the law aims to deter individuals from engaging in collaborative planning of illegal acts. It provides a legal basis for authorities to intervene early and prevent the realization of planned criminal activities.
• Accountability: The offence ensures that individuals involved in the planning or coordination of illegal acts are held accountable, regardless of whether the actual offence is committed. It allows for the prosecution of all conspirators involved in the agreement, thereby promoting justice and fairness.
• Disruption of Criminal Networks: By targeting the collaboration and coordination among individuals, it assists in disrupting and dismantling criminal networks. This is particularly relevant in cases of organized crime, where multiple individuals work together to carry out illegal activities.
• Protection of Public Order and Security: The object is to safeguard public order, security, and the interests of the state. By addressing conspiracies that may pose a threat to public safety or the stability of the nation, the offence serves to protect the welfare of society as a whole.

IPC Sections governing Criminal conspiracy

• Section 120-A: This section defines it as an agreement between two or more persons to commit an illegal act or an act that is carried out by illegal means. It specifies that the agreement may be express or implied and can be in oral or written.
• Section 120-B: This section deals with punishment for the offence. It states that those who are party to a criminal conspiracy shall be punished with imprisonment for a term that may extend to six months, or with fine, or with both. However, if the offence that is the object of the conspiracy is punishable with death, life imprisonment, or rigorous imprisonment for a term of two years or more, then the punishment for the conspiracy may be more severe.

It is important to note that Section 120-A establishes the offence, while Section 120-B prescribes the punishment for the offence.

Ingredients of offence:

• Agreement: There must be an agreement between two or more individuals to commit an illegal act or an act by illegal means. The agreement can be oral, written, or implied.
• Common Intention: The individuals involved in the conspiracy must share a common intention to commit the illegal act or carry out the act by illegal means. It implies a meeting of minds and a shared understanding of the criminal objective.
• Criminal Act: The agreement must relate to an act that is either illegal in itself or is carried out by illegal means. It may involve any offence punishable under the Indian Penal Code or any other law in force.
• Overt Act: The agreement itself is sufficient to establish the offence, the law does not require the commission of an overt act by any of the conspirators in furtherance of the conspiracy.

Evolution of the offence in IPC

The offence has evolved since its inception in 1860. The evolution can be observed through legislative amendments, judicial interpretation, and societal changes.

1. Inclusion in the IPC: The IPC, enacted in 1860, included Section 120-A that defined criminal conspiracy as an offence. The provision aimed to address the collaborative planning and coordination of illegal activities by two or more individuals.
2. Interpretation by Courts: Over the years, courts have interpreted and clarified the elements and scope through landmark judgments. The courts have emphasized the importance of proving the existence of an agreement and a shared intention to commit an illegal act.
3. Expanding Scope: The offence has expanded in scope to address various forms of illegal activities. The IPC and subsequent amendments have incorporated specific provisions to deal with conspiracies related to offences such as murder, theft, bribery, rioting, terrorism, and organized crime.
4. Legislative Reforms: The IPC has undergone several amendments to adapt to societal changes and emerging challenges. These amendments have introduced new provisions and enhanced punishments for offences related to it. For example, the Unlawful Activities (Prevention) Act, 1967, was enacted to combat terrorism and unlawful activities, including conspiracies related to such acts.
5. Addressing Transnational Crimes: In response to the rise of transnational crimes and cross-border conspiracies, India has strengthened its legal framework by enacting laws that address international criminal conspiracies, money laundering, cybercrimes, and other offences with transnational dimensions. These laws provide for enhanced cooperation with other countries in investigating and prosecuting cross-border conspiracies.
6. Social and Technological Factors: The evolution has also been influenced by societal changes and advancements in technology. The proliferation of communication technology and the internet have facilitated new forms of conspiratorial activities, leading to the need for updated legal provisions and investigative techniques to counteract them.

Salient features of the offence of criminal conspiracy under IPC

• Inchoate Offence: It is classified as an inchoate offence, meaning it is an offence that is incomplete or preparatory in nature. The offence is committed by entering into the agreement itself, even if the actual intended illegal act is not carried out. The law recognizes the potential harm and threat posed by the planning and coordination of illegal activities.
• Independence from Actual Offence: It is an independent offence in itself. It is distinct from the actual commission of the underlying offence that is the object of the conspiracy. The offence of conspiracy is punishable, regardless of whether the intended illegal act is successfully executed or not. The law aims to address and punish the agreement itself, as it poses a danger to public order and security.
• Liability of Conspirators: Each conspirator is held liable for their participation in the conspiracy. It is not necessary for every conspirator to play an active role in the commission of the offence. Even if one conspirator withdraws or is unable to carry out their part, the conspiracy remains an offence. Each conspirator is responsible for the acts and omissions of the others in furtherance of the conspiracy.
• Collective Intent: It involves an agreement or understanding between two or more individuals to commit an illegal act or an act carried out by illegal means. The core element is the collective intent or common intention shared among the conspirators. This collective intent distinguishes conspiracy from individual criminal acts.
• Multiple Conspirators: It may involve two or more individuals who actively participate in the agreement. Each conspirator is held responsible for their role in the conspiracy, regardless of their actual involvement in the commission of the offence. Even if one of the conspirators withdraws or is unable to carry out their part, the conspiracy itself may still be deemed a punishable offence.

Punishment under IPC

The punishment for the offence under the Indian Penal Code (IPC) is outlined in Section 120-B. According to this section, those who are party to it shall be punished with imprisonment for a term that may extend to six months, or with a fine, or with both. The specific punishment may vary depending on the nature and severity of the offence that is the object of the conspiracy. If the offence that is the object of the conspiracy is punishable with death, life imprisonment, or rigorous imprisonment for a term of two years or more, then the punishment for the conspiracy is equal to that of abetment of that offence. It is important to note that the punishment is separate from the punishment for the actual commission of the offence. In other words, a person can be punished for both the conspiracy and the underlying offence if they are found guilty. The section reads as:

“120B. Punishment of criminal conspiracy. —

(1) Whoever is a party to a conspiracy to commit an offence punishable with death, 2[imprisonment for life] or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence.

(2) Whoever is a party to a criminal conspiracy other than to commit an offence punishable as aforesaid shall be punished with imprisonment of either description for a term not exceeding six months, or with fine or with both.”

Landmark cases

• Kehar Singh and Others v. State (Delhi Administration) (1988): This case is associated with the assassination of former Prime Minister Indira Gandhi. The Supreme Court of India held that a person can be convicted for conspiracy even if they did not actively participate in the actual commission of the crime.
• State of Maharashtra v. Bharat Shantilal Shah and Others (2010): In this case, the Bombay High Court dealt with the issue of conspiracy in relation to the 1993 Mumbai bomb blasts. The court reaffirmed that for a charge of conspiracy, there must be an agreement between two or more persons to commit an illegal act, and it is not necessary for each conspirator to play an active role in the actual commission of the offence.
• State of Tamil Nadu v. Nalini and Others (1999): This case is related to the assassination of former Prime Minister Rajiv Gandhi. The Supreme Court held that a person can be convicted even if the main offence was committed by a third party. The court emphasized that the conspiracy need not succeed for it to be punishable.
• Zahira Habibullah Sheikh and Another v. State of Gujarat and Others (2004): This case involved the infamous Gujarat riots of 2002. The Supreme Court highlighted the significance of prosecuting and punishing those involved in conspiracy to ensure justice and uphold the rule of law.

Conclusion:

In conclusion, the offence of criminal conspiracy under the IPC plays a vital role in maintaining public order, preventing criminal activities, and upholding the rule of law. It serves as an essential tool for law enforcement in combating organized crime, terrorism, and other serious offences, contributing to the overall security and well-being of society.