INTRODUCTION
Criminal conspiracy means banding together for an evil purpose. No physical activity needs to be proven to have been done in pursuance of the conspiracy for holding a person liable under it. However, the mere manifestation of the criminal intent through criminal conspiracy is enough.
RELEVANT PROVISIONS
Sections 120A, 120B(1) and 120B(2) of P.P.C. 1860 deal with criminal conspiracy.
DEFINITION OF CRIMINAL CONSPIRACY
According to Section 120A of the Pakistan Penal Code;
When two or more persons agree to do or cause to be done an illegal act, or 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.
ESSENTIALS OF CRIMINAL CONSPIRACY
The essentials/ingredients of Criminal Conspiracy according to Section 120A of P.P.C are as follows:
1. TWO OR MORE PERSONS
It is necessary that there should be at least two or more two persons to such an agreement. This is because an individual cannot conspire with himself alone.
2. AGREEMENT TO COMMIT AN OFFENCE
There can be a conspiracy when one accused makes an offer to another to join with him for the commission of an unlawful act Where no offer is made there can be no conspiracy. The gist of criminal conspiracy is agreement. A person may be guilty of criminal conspiracy even though the illegal act which he has agreed to do has not been done. It is not necessary that such an agreement should be expressed in any formal manner or by words.
3. ILLEGAL ACT
The term ‘illegal’ means everything which is an offence or which is prohibited by law, or which furnishes grounds for a civil action. Criminal Conspiracy has to be regarding an illegal or forbidden act plan as something which is not illegal or wrongful cannot be called criminal conspiracy.
4. LEGAL ACT WITH ILLEGAL MEANS
To constitute a criminal conspiracy there must be an agreement of two or more persons to do an act which was illegal or which was to be done by illegal means (1998 P.Cr.L.J. 1486). An agreement to do a legal act with illegal means also amounts to criminal conspiracy
Explanation: A, B and C are traders of sugar. They sell sugar to the general public They make an agreement to purchase sugar from neighbouring countries, where the government prohibited the trade of sugar from neighbouring countries. They would be liable. for criminal conspiracy to smuggle sugar from neighbouring countries,
KNOWLEDGE OF CONSPIRACY IS NECESSARY
Persons who are seduced into unlawful acts but are not aware of the conspiracy cannot be convicted for the conspiracy.
KNOWLEDGE OF DETAILS IS NOT NECESSARY
It is not necessary that each member of a conspiracy should be in communication with other members or know all the details of the conspiracy. What is necessary is that there should be one conspiracy and all the accused should be connected by common intention.
CONCEPT OF CRIMINAL CONSPIRACY
U/s 120A of the P.P.C, 1860
Criminal conspiracy is a substantive offence, Lo. it is a recognized and punishable offence in itself. It is different from other offences; an intention to do a criminal act is not a crime in itself in other offences until something is done amounting to it whereas conspiracy is an offence simply on the basis of the agreement of a meeting of the minds.
DURATION OF CRIMINAL CONSPIRACY
Conspiracy arises and an offence is committed as soon as an agreement is made and the offence continues to be committed as long as the combination persists.
PUNISHMENT FOR CRIMINAL CONSPIRACY
U/s 120B (1) OF P.P.C, 1860;
Whoever is a party to a criminal conspiracy to commit an offence
- punishable with death,
- 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.
U/s 120B (2) OF P.P.C, 1860;
Whoever is a party to a criminal conspiracy other than a criminal conspiracy commits an offence punishable as aforesaid shall be punished with
- Imprisonment of either description for a term not exceeding six months,
- With fine, or
- With both.
The punishment for criminal conspiracy is more severe if the agreement is to commit a serious offence, it is less severe if the offence is not very severe.
PROOF OF CRIMINAL CONSPIRACY
There is no difference between the mode of proof of the offence of conspiracy and that of any other offence; it can be established by direct evidence or by circumstantial evidence. It is very seldom that there is direct evidence available with regard to conspiracy.
It is a matter of inference from the sequence of circumstances and if an inference from those circumstances can legitimately be drawn that privity between the persons concerned existed to commit an offence or to achieve an object by unlawful means, the offence of conspiracy will be said to have been proved.
CONCLUSION
To conclude that the offence of criminal conspiracy consists of the very agreement between two or more persons to commit a criminal offence irrespective of further consideration of whether or not those offences have actually been committed.
FAQs
Define and explain criminal conspiracy and discuss its punishment.
(2017-A, 2010-S)
Criminal conspiracy under the Pakistan Penal Code is a significant crime. What constitutes a criminal conspiracy and how does it differ from a common intention? Discuss in detail.
(2015-S)
Define criminal conspiracy. Explain how it is different from abetment.
(2013-S, 2012-S)
Define criminal conspiracy, its kinds and punishment.
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