Criminal Conspiracy – 120A & 120B under Indian Penal Code – Judiciary Exams – Free PDF

Criminal Conspiracy (120A-120B) ?

CRIMINAL CONSPIRACY – SECTION 120A

• as an agreement of two or more persons to do or cause to be done-
• An illegal act, or;
• An act that is not illegal by illegal means.
• Such an agreement is designated as criminal conspiracy.

CRIMINAL CONSPIRACY – SECTION 120A

• A and B decide that we will rob a bank together. So this agreement to rob the bank is itself a crime. At preparation stage itself crime is committed.

CRIMINAL CONSPIRACY – SECTION 120A

• 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.
• A and B decide to do some legal act and while doing that legal act, in pursuance of that agreement they do some illegal act, they will be liable.
• Explanation. It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object

KNOWLEDGE OF THE OBJECTIVE IS NECESSARY

• In State of Maharashtra & Ors. v. Som Nath Thapa & Ors., it was said that the charges will be framed only if the person was aware of the co-conspirators and their motives.
• Case 1- A,B,C,D decide to rob a bank and did the planning as to who will do what.
• In this all will be held liable for criminal conspiracy.
• Case 2- A,B and C did all the planning to rob a bank. D was just driving them to the bank and didn’t know about this plan. D didn’t know about bank robbery. D will not be held liable. Only A,B and C will be held liable.

CRIMINAL CONSPIRACY CAN BE DONE FOR CIVIL WRONG ALSO

• Definition of Section 120A mentions word illegal.
• Section 43 of the I.P.C. defines the term ‘illegal’ as everything that is an offence or is prohibited by law or furnishes ground for a civil action.
• So, Criminal Conspiracy can be done for civil wrong also.

CRIMINAL CONSPIRACY IS A CONTINUING OFFENCE

• A and B planned to rob a bank. Later on C also joined them. Later on they were caught. A,B,C will be held liable. Even though C joined them later, he will be held liable equally as A and B.

MUTUAL AGENCY

• Conspiracy is based on joint and mutual agency. So every conspirator is liable for anything done by any conspirator in furtherance of common object.
• A,B,C,D went to rob a bank. While robbing A killed the security guard. All 4 will be held liable for this.
• Cumulatively they are liable for their own acts and acts of others.

WHY CRIMINAL CONSPIRACY IS PUNISHABLE?

• Devender Pal Singh v. State (NCT of Delhi)

PUNISHMENT FOR CRIMINAL CONSPIRACY

• 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.
• A and B conspired to do an offence which is punishable with 2+ years of imprisonment. They will be punished for this conspiracy the same way as if they have abetted this offence.

PUNISHMENT FOR CRIMINAL CONSPIRACY

• Whoever is a party to a criminal conspiracy other than a criminal conspiracy 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.
• A and B conspired to do an offence whose punishment is less than 2 years, they can get upto 6 months of imprisonment or with fine or both.

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