🏛️What is Criminal Conspiracy?

Delhi Law Academy Jaipur presents below for aspirants of RJS, DJS, PCS(J) and other Judicial Services throughout India a short note on an important topic in their syllabus — Criminal Conspiracy.

📜 Law Involved

• Section 61(1) BNS

• Section 120A IPC

📝 Definition of Criminal Conspiracy

• 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

⚖️ Additional conditions:

• 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

👉 Thus, criminal conspiracy is quite simply just an agreement between two or more persons.

• If the agreement is to commit an offence, nothing more is required.

• But if the agreement is something else, then additionally, an act in pursuance of that agreement is also required.

📚 Common Law Definition of Criminal Conspiracy

As given by the House of Lords (1901) in Quinn v. Leathem:

• A conspiracy consists not merely in the intention of two or more, but in the agreement of two or more to do an unlawful act or to do a lawful act by unlawful means.

• So long as such a design rests in intention only, it is not indictable.

• When two agree to carry it into effect, the very plot is an act in itself, and the act of each of the parties, promise against promise, actus contra actum, capable of being enforced if lawful, punishable if for a criminal object or for the use of criminal means.

🏛️ Supreme Court of India on Criminal Conspiracy

• An agreement between two or more persons to do an illegal act or legal acts by illegal means is criminal conspiracy.

• If the agreement is not an agreement to commit an offence, it does not amount to conspiracy unless it is followed up by an overt act done by one or more persons in furtherance of the agreement.

• The offence is complete as soon as there is meeting of minds and unity of purpose between the conspirators.

• Conspiracy itself is a substantive offence and is distinct from the offence to commit which the conspiracy is entered into.

• A conspiracy is a continuing offence and continues so long as one conspirator does an act or series of acts.

• A crime is complete as soon as the agreement is made, but it is not a thing of the moment. It continues so long as there are two or more parties intending to carry into effect the design.

• A conspiracy designed or agreed abroad will have the same effect as in India when part of the acts are agreed to be done, attempted, or even frustrated — and vice versa.

⚖️ Punishment for Criminal Conspiracy

Law involved:

• Section 61(2) BNS

• Section 120B IPC

🔺 Higher Punishment

• Whoever is a party to a criminal conspiracy to commit an offence punishable with death, life imprisonment, or rigorous imprisonment of 2 years or upwards

• Shall be punished in the same manner as if he had abetted such offence, if no express provision is made in this Sanhita for punishment of such conspiracy.

🔹 General Punishment

• Whoever is a party to a criminal conspiracy (other than to commit the above offences)

• Shall be punished with imprisonment not exceeding six months, or fine, or both

👉 Thus, the general punishment for criminal conspiracy is imprisonment of six months or less, or fine.
👉 The punishment, however, is at par with abetment in all those cases where the agreement is to commit an offence punishable with death, life imprisonment, or rigorous imprisonment for two years or more.