CRIMINAL CONSPIRACY

byAdvocate Ikyan Shah •
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CRIMINAL CONSPIRACY

CRIMINAL CONSPIRACY

1. INTRODUCTION:

Criminal conspiracy is when people plan together to do something bad. You don't have to do the crime to be guilty; just planning it is enough. This type of crime is called an "Inchoate Offence," which means you can be responsible for just trying to do something wrong, even if it doesn't happen.

2. RELEVANT PROVISIONS:

Sections 120A, 120B(1) and 120B(2) of P.P.C. 1860.

3. MEANING OF CRIMINAL CONSPIRACY:

Criminal Conspiracy may be defined as follows;

( i) According to Merriam-Webster Dictionary:

"Criminal Conspiracy means to join in a secret agreement to do an unlawful or wrongful act; or an act which becomes unlawful as a result of the agreement".

4. DEFINITION OF CRIMINAL STATUTORY CONSPIRACY: 

According to Section 120A of the Pakistan Penal Code;

"When two or more persons agree to do or cause to be done,

(1) an illegal act, or

(2) an act that is not illegal by illegal means, such an agreement is designated a criminal conspiracy:

A criminal conspiracy happens when people agree to commit a crime and then take some action to carry out that agreement. It doesn't matter if the illegal act is the main goal of the agreement or just a part of it.

5. KINDS OF CRIMINAL CONSPIRACY:

There are two kinds of criminal conspiracy are as under;

  • (a) Single General Conspiracy
  • (b) Separate Conspiracies

(a) Single General Conspiracy

To be a single conspiracy, everyone must share the same goal and cooperate. Each person plays a role, even if they aren't aware of all the details. The plan can evolve, with new people joining and others leaving, but it's still a conspiracy if the group's goal remains unchanged.

(b) Separate Conspiracies

A general conspiracy is different from many separate conspiracies even if they all have the same goal. If different groups work on their own specific goals, each group is its own conspiracy. They don't need to work together directly. The main point is they all aim to help the same overall plan.

6. ESSENTIALS / INGREDIENTS OF CRIMINAL TO SECTION 120A P.P.C: 

The essentials/ingredients of Criminal Conspiracy according to Section 120A of P.P.C are as follow:

(I) TWO OR MORE PERSONS:

To establish the offence of criminal conspiracy there must be at least two or more than two persons to such agreement. It is also necessary since an individual cannot conspire with himself alone.

(II) AGREEMENT TO COMMIT AN OFFENCE:

A conspiracy occurs when one person invites another to commit a crime together, even if the illegal act isn't carried out. The agreement to break the law, regardless of its formality, is what constitutes criminal conspiracy.

(Ⅲ) ILLEGAL ACT:

Section 43 of the Pakistan Penal Code defines "illegal" as anything that constitutes an offense, is prohibited by law, or gives rise to a civil action. Therefore, a criminal conspiracy must pertain to an illegal or prohibited act. A scheme involving something that is not illegal or wrongful cannot be classified as a criminal conspiracy.


(IV) LEGAL ACT WITH ILLEGAL MEANS:

A criminal conspiracy requires at least two people to agree to do something illegal or to do something legal illegally. 

7. KNOWLEDGE OF CONSPIRACY; NECESSARY:

Persons who are seduced into unlawful acts but are not aware of the conspiracy cannot be convicted for the conspiracy.

8. KNOWLEDGE OF DETAILS OF CONSPIRACY IS NOT ESSENTIAL:

Each member of a conspiracy doesn't need to be in communication with other members or know all the details of the conspiracy. 

9. CONCEPT OF CRIMINAL CONSPIRACY:

Under Section 120-A of the Pakistan Penal Code, 1860;
Unlike other crimes, criminal conspiracy deems planning or agreeing to commit a crime enough for guilt, even if the crime isn't carried out.

10. CRIMINAL CONSPIRACY COMPLETES: OFFENCE WHEN

Criminal conspiracy is established upon agreement between individuals to commit an unlawful act or achieve a lawful act through illegal means. Those involved can be charged with conspiracy regardless of whether the planned crime is carried out.

11. DURATION OF CRIMINAL CONSPIRACY:

Conspiracy arises and an offense is committed as soon as an agreement is made and the offense continues to be committed as long as the combination persists, the same was holden

12. PUNISHMENT:

(1) UNDER SECTION 120B(1), OF PAKISTAN PENAL CODE, 1860;

Whoever is a party to a criminal conspiracy to commit an offence

  • (1) Punishable with death,
  • (ii) Imprisonment for life or
  • (iii) Rigorous imprisonment for a term of two years or upwards,

(II) UNDER SECTION 120B (2) OF PAKISTAN PENAL CODE, 1860;

Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offense punishable as aforesaid shall be punished with

  • (i) Imprisonment of either description for a term not exceeding six months, or
  • (ii) With fine, or
  • (iii) With both.

13. PROOF OF CRIMINAL CONSPIRACY:

Proving conspiracy involves gathering evidence, either direct or circumstantial, to show that individuals had a secret plan to commit a crime. If these clues reasonably suggest an agreement, the conspiracy is proven.

14. DISTINGUISH BETWEEN CRIMINAL CONSPIRACY AND ABETMENT:

CRIMINAL CONSPIRACY Under section 120A PPC

(i) Definition:

When two or more persons agree to do or cause to be done,
(a) an illegal act, or
(b) an act that is not illegal by illegal means such an agreement is designated a criminal conspiracy:
(c) Provided that no agreement except an agreement to commit an offense shall amount to a criminal conspiracy.

ABETMENT Under section 107 PPC
A person said to abet a thing, where he:
(a) Firstly; instigates the happening of that thing; and
(b) Secondly; engages with one or more other persons in a conspiracy for the happening of that thing; Provided that an offense is committed as a result of that conspiracy and
(c) Thirdly; intentionally aids the commission of an offense.

(ii) Liability:

In criminal conspiracy, liability is extended to all the persons involved in agreement on the five principles of constructive liability.

The principle of constructive liability applies to the offence of abetment as well i.e. any person found guilty of abetting would be held liable under this principle.

(iii) Punishment:


In criminal conspiracy accused be punished in the same manner as if he had abetted such offense.

15. CONCLUSION:

The abettor would be subject to the same penalty as the actual offender since both would be equally guilty. The offense of criminal conspiracy consists of the very agreement between two or more persons to commit a criminal offense irrespective of further consideration of whether or not those offenses have been committed.

#Conspiracy #CriminalLaw #LegalTheory #CriminalConspiracy #LawStudents #LegalFacts #UnderstandingLaw #CrimeAndPunishment #LegalDefinitions #CriminalJustice

Ikyan Shah (Advocate High Court)
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