Answer
Introduction
Conspiracy is a scheme which germinates in the dark alleys of sinister minds and comes to light only when its external results become known. Direct evidence for hatching of conspiracy is hard to come by and it would be roved by indirect evidence which could falter and could not result in conviction of conspirators. Happening of an event or existence of a state of affair is one thing and proving at a subsequent stage the particular manner in which it had happened or had prevailed are altogether different things. None proving of conspiracy through sufficient evidence of acceptable legal standards would never mean that such an even had not taken place. (200() MLI) 77)
Relevant Provisions
Following are the relevant provisions of P.P.C. regarding the concerned topic.
Section 120-A, 120-B, P.P.C.
Section 121-A. P.P.C.
Definition U/S 120-A: “When two or more persons agree to do or cause to be done:
(i) an illegal act, or
(ii) an act which is not illegal h illegal means. Such a agreement is designated a criminal conspire:
Ingredients:
Following are the essential ingredients of offence of criminal conspiracy.
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(i) TWO or more persons:
According to S. 121-A at lest two persons are required to constitute the conspiracy. one person cannot be held guilty of conspiracy as he cannot conspire with himself.
Criminal conspiracy as envisaged in S.120-A, PPC must be product of two consenting minds uninfluenced by any consecration of threat intimidation, coercion or undue influence. (PLD 1979 SC 53)
(ii) Agreement between such persons:
Agreement is not mere intention, but announcement and acceptance of intentions. To constitute a criminal conspiracy, there must be an agreement of two or more persons to do an act which is illegal or which is to be done by illegal means.
Mode of Agreement:
Agreement may be express or implied or partly expressed and partly implied.
(iii) To do illegal Act:
The word illegal is defined U/S 43. PPC as “Everything which is an offence or which is prohibited by law or which furnishes ground for a civil action” Offence of conspiracy is done when agreement is completed.
(iv) Legal Act by Illegal means:
When two or more persons agree to do an act, which is not illegal itself may he guilty of criminal conspiracy U/S l2U-A when they agree to do or cause to be done that act by illegal means.
Criminal Conspiracy:
Conspiracy differs from other offences in this respect that in other offences the intention to do a criminal act s not a crime of itself until something is done amounting to the doing or the attempting to do some act to carry out the intention conspiracy, on the other hand, consists simply in the agreement. or confederacy to do some act, no matter whether it is done or not.
According to Section 120-A of P.P.C
“When two or more persons agree to do or cause to be done:
(a) an illegal act or
(b) an act which is not illegal by illegal means such an agreement. is designated a criminal conspiracy. Provide that no agreement except an agreement to Commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done h\ one or more parties o such agreement in pursuance thereof,
Explanation:
To constitute a criminal conspiracy\ there must be an agreement o ho or more persons to do an act which says illegal or which was to be done by illegal means.
An agreement to two or more persons to do an act which as illegal or which was to be done by illegal means is must to constitute criminal conspiracy consists simply in the agreement or confederacy\ to do some act, no matter whether it is done or not.
Conspiracy may he established by direct or indirect evidence such as circumstantial evidence.
Criminal conspiracy must be product of two consenting minds uninfluenced by any consideration of threat intimidation, coercion or undue influence.
Punishment of Criminal Conspiracy:
(1) 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.
(2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid shall he punished with imprisonment of either description for term not exceeding six months, or with fine or with both.
Explanation:
An offence under this section consists in the conspiracy without any reference to the subject matter of the conspiracy and it is not necessary to establish the offence that there must have been definite property about which the parties are negotiating or which they have conspired to possess.
According the case of Ghulam Muhammad V. State, prosecution story was not only full of contradiction but was comprised of self-destructive admitted version. Prosecution having miserable failed to prove case against ac ‘used beyond reasonable doubt, conviction recorded by Trial Court as et aid. and accused was ordered to be released extending him benefit of doubt.
Difference between ‘abetment’ and ‘criminal conspiracy’:
It shall be observed from the definition given above that conspiracy is a form of abetment. Abetment is committed by the various ways enumerated above of which conspiracy is one? Abetment, per se, is not a substantive offence, while criminal conspiracy is so by itself and is punishable as such.
As stated above, abetment per se is not an offence and as such it is not punishable. It is, however, punishable when the commission of any offence is abetted. The punishments are as follows:
I. If an offence, which is punishable with death or imprisonment for life, is abetted and the offence i nut committed. a better is up to 7 years. and fin as any hurt is caused, the punishment extends to fourteen years and fine.
2. If the abetted offence is punishable with imprisonment and the offence is not committed, the abettor may be punished for a term which may extend to one fourth, part, of the longest term provided for the offence, or fine, or both, and if the abettor or the person abetted is a public servant whose duty is to prevent the commission of such offence, the punishment may he up to one half of the longest term of the offence, or with, fine, or with both.
3. In case of actual commission, the abettor is punishable like the principal offender the punishment for criminal conspiracy has been provided in Section 120-13 of PPC. If the offence conspired is punishable with death, imprisonment for life, or rigorous punishable as an abettor, and, in any other case, six months fine, or both.
Conclusion: Criminal conspiracy as defined in S.120-A. PPC is an agreement in pursuance of which two or more persons agree to, or cause to be done, an illegal act (or an illegal omission) a legal act by illegal mean, it being immaterial what that illegal act was the ultimate object of such agreement or a merely incidental to that object. Agreement may be express or implied or partly express and partly implied can be reached in one or several sittings. No express agreement need be proved and agreement can be implied by subsequent conduct, by acts done, by anything said, and/or by anyone of such persons or from facts and circumstances indicating when taken together as being part of some complete whole. A criminal conspiracy as defined in this section is itself of substantive offence; Offence committed in course of performance of unlawful act becomes responsibility of initial conspirators as abettors.