According to criminal law, an act of criminal conspiracy is said to to be committed when two or more people come together to form an agreement between them to carry out a criminal activity in foreseeable future. In some countries across the world, the act of criminal conspiracy is completed only when an explicit action is carried out. Only the commission of an explicit or overt action constitutes a crime, according to law prevalent in those countries. However, law does not place a cap on number of participants. Some countries do not even require any commission of overt act. It is counted as an attempt. For the sake of unanimity, the act is a continuing process and complete involvement or partial involvement at any stage makes the participants jointly liable. It can be charged even in the cases of acquittal. Repentance does not affect their liability. It may help in reduction of the sentence. Repentance before the commission of the act may help the participants.
Criminal Conspiracy
The act of criminal conspiracy was seen as a civil offence in its nascent stages. The act of criminal conspiracy came under two sections of the law. These sections are – Abetment in any offence and conspiracy with criminal intent. Slowly, it came to be recognised as a criminal offence. The Criminal Law Amendment Act (8 of 1913) added Chapter V – A to the Indian Penal Code.
Conspiracy Definition: The section 120 – A of Chapter V – A (Indian Penal Code, 1860) defines criminal conspiracy. When two or more persons decide to execute or cause an act, which is illegal, or a legal act by illegal means, such act is called as criminal conspiracy. Perpetrators of this act can be convicted for criminal conspiracy. They are culpable of criminal conspiracy. This is given in Section 120 – A. In other words, concurrence of minds for committing an illegal act, or legal act by illegal means is called as criminal conspiracy. Mere agreement is not sufficient to accuse one guilty of criminal conspiracy. Agreement of minds for commission of an illegal act, or legal act by illegal means is called criminal conspiracy. Meeting of minds is an essential and important aspect of conspiracy. All the concerned persons part of the act should be aware of the nature and consequence of the act. They should understand the objective and motive behind the act and are ready to achieve the act. This constitutes as an important part of criminal conspiracy. The act is deemed as an offence of criminal conspiracy only when any act is committed to execute the agreement. As discussed above, actus reus and mens rea are two essential of a crime. According to the Indian Penal Code, ill motive and conduct are necessary constituents of a crime. There is an exception to this rule. Criminal conspiracy is punishable at the phase of mens rea. The act of criminal conspiracy in planned in secret and executed surreptitiously. This makes proving the act with evidence difficult.The explanation given under section 120 – A says clearly that the nature of the act committed in furtherance of the agreement is immaterial. Even if such act is accidental it is regarded as an offence of criminal conspiracy. In Rajiv Kumar v. State of U.P, the judiciary interpreted Section 120-A as follows
“The essential ingredients of the offence of criminal conspiracy are: (i) an agreement between two or more persons; (ii) the agreement must relate to doing or causing to be done either (a) an illegal act; or (b) an act which is not illegal in itself but is done by illegal means. It is, therefore, plain that meeting of minds of two or more persons for doing or causing to be done an illegal act or an act by illegal means is sine qua non of criminal conspiracy.”
A bare discussion or awareness or possessing wrong intentions alone is not sufficient enough to constitute the crime or offence of conspiracy. Any act in pursuance of the things listed above is necessary to constitute the offence of conspiracy. Consensus ad idem is a necessary aspect of conspiracy. The explanation to the provision clearly explains that just an agreement between the concerned persons to act shall not require performance of an act as a part of the agreement. A legal act performed through illegal means, however, requires performance of an explicit act in pursuance of the agreement to constitute the crime of criminal conspiracy. The core of criminal conspiracy is an unlawful amalgamation or legal act by illegal means. The offence qualifies as a crime as soon as the combination is complete. This makes criminal conspiracy an incomplete offence. Illegal agreement to perform an illegal act makes it an offence of criminal conspiracy. The core is what the persons involved agree to perform and not the crime itself. Mere awareness or plain discussion to commit an act does not amount to conspiracy. The Supreme Court observed that-
“For a person to conspire with another, he must have knowledge of what the co-conspirators were wanting to achieve and thereafter having the intent to further the illegal act takes recourse to a course of conduct to achieve the illegal end or facilitate its accomplishment.” This explains that knowledge of the nature and consequence of the act is must for that act to be considered as criminal conspiracy.
The Supreme Court clarifies on the part played by each partner in conspiracy. “The agreement is the gist of the offence. In order to constitute a single general conspiracy there must be a common design and a common intention of all to work in furtherance of the common design. Each conspirator plays his separate part in one integrated and united effort to achieve the common purpose. Each one is aware that he has a part to play in a general conspiracy though he may not know all its secrets or the means by which the common purpose is to be accomplished. The evil scheme may be promoted by a few, some may drop put and some may join at a later stage, but conspiracy continues till it is broken up. The conspiracy may develop in successive stages. There may be a general plan to accomplish the common design by such means as may from time to time be found expedient. New technologies may be invented and new means may be devised for advancement of the common plan. A general conspiracy must be distinguished from a number of separate conspiracies having a similar, general purpose. Where different groups of persons cooperate towards their separate ends without any privity with each other, each combination constitutes a separate conspiracy. The common intention of the conspirators is then to work for the furtherance of the common design of his group only.”
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