What is Criminal Conspiracy?
Historical Background
Key Points
10 points- 1.
Section 120A of the Indian Penal Code (IPC) defines criminal conspiracy.
- 2.
Section 120B of the IPC prescribes the punishment for criminal conspiracy.
- 3.
Requires an agreement between two or more persons.
- 4.
The agreement must be to commit an illegal act or a legal act by illegal means.
- 5.
The act need not be committed for the conspiracy to be an offence.
- 6.
Mere knowledge of the conspiracy is not sufficient; active participation is required.
- 7.
Punishment varies depending on the nature of the offence conspired.
- 8.
Conspiracy is a substantive offence, independent of the actual crime committed.
- 9.
Used to prosecute individuals involved in organized crime and terrorism.
- 10.
Essential element is the meeting of minds and a common intention.
Visual Insights
Criminal Conspiracy vs. Abetment
Comparison of Criminal Conspiracy (Section 120A/B IPC) and Abetment.
| Feature | Criminal Conspiracy | Abetment |
|---|---|---|
| Definition | Agreement to commit an illegal act | Aiding or instigating the commission of a crime |
| Requirement | Requires an agreement between two or more persons | Can be committed by a single person |
| Focus | Focuses on the agreement itself | Focuses on the act of aiding or instigating |
| Punishment | Punishment depends on the offense conspired to commit | Punishment depends on the offense abetted |
| Section in IPC | Sections 120A and 120B | Section 107 |
| Example | Two people agree to rob a bank | One person encourages another to commit murder |
Recent Developments
5 developmentsUse of conspiracy charges in cases of terrorism and organized crime.
Debate on the scope of conspiracy laws and their potential for misuse.
Supreme Court judgments clarifying the elements of criminal conspiracy.
Amendments to criminal laws to address new forms of conspiracy, such as cybercrime.
Challenges in proving conspiracy due to its secretive nature.
