Skip to main content

Criminal Conspiracy

 Criminal Conspiracy

In criminal law, a conspiracy is an agreement between two or more persons to commit a crime at some time in the future .criminal laws in some countries may require that at least one overt act be undertaken in furtherance of that agreement, to constitute an offense.   Chapter V-a of the IPC as inserted in 1931 deals with the offense of criminal conspiracy. 

Before the insertion of the chapter, conspiracy under IPC was punishable under section 107 and by the way of involvement in a certain offense. 

In 1870, section121A was added and was punished under this section, one can say that it wasn't seen as an offense.


Criminal conspiracy is usually clubbed with some other offense as well. Section 120 A defines what is a criminal conspiracy, it means that when two people come to an agreement of two or more people to do or cause to be done –

  1. An illegal act 

  2. An act that is not illegal by illegal means. 

Case; Mulcahy v. R, states, “A conspiracy consists not merely in the intention of two or more but in the agreement of two or more to do an unlawful act by unlawful means. So long as such a design rests in intention only it is not indictable….” This means that two or more people must agree to conspire. 

There are two ingredients in the criminal conspiracy, 

  1. Two or more persons agree to do or cause to be done an illegal act or an act which is not illegal by illegal means i.e. there must be at least 2 persons who conspire.  However, a person may be indicted alone for the offense of criminal conspiracy if the other co-conspirators are unknown, missing, or dead.

  2. Joint evil intent to do an illegal act or an act that is not illegal by illegal means is necessary.

In Rajaram Gupta v. Dharam Chand, it was held that the overact constituting a conspiracy are acts either;

  • Signifying the agreement 

  • Preparatory to the offense 

  • The act constitutes the offense 

Case; Hirala Harilal Bhagwati v. CBI, it was believed that to set up the charges of conspiracy first you have to establish that there is an agreement between the parties.

Case; Shilpa Mittal v. State of NCT of Delhi 

Held; The Supreme Court of India, in this case, held that an offense for which there is a sentence of more than 7 years of imprisonment but does not have any minimum sentence, or providing a minimum sentence of fewer than 7 years, cannot be considered as a heinous offense within the ambit of Section 2(33) of the Juvenile Justice (Care and Protection of Children) Act, 2015.

Case; Laxmibai Chandaragi B. v. State of Karnataka 

Held; The Apex court, in this case, came heavily on the conduct of the IO and other police authorities, which were not only responsible for insisting a woman record her statements in the police station but also for threatening her about the false case her parents may register to the police, which will result in the arrest of her husband. 


The court further held that there is no need for consent of the clan, family, or community in the cases where two adults have voluntarily decided to enter into a wedlock.


Comments

Popular posts from this blog

INCOME TAX SECTION 32AD - Investment in new plant or machinery in notified backward areas in certain States

 Description (1) Where an assessee, sets up an undertaking or enterprise for manufacture or production of any article or thing, on or after the 1st day of April, 2015 in any backward area notified by the Central Government in this behalf, in the State of Andhra Pradesh or in the State of Bihar or in the State of Telangana or in the State of West Bengal, and acquires and installs any new asset for the purposes of the said undertaking or enterprise during the period beginning on the 1st day of April, 2015 and ending before the 1st day of April, 2020 in the said backward area, then, there shall be allowed a deduction of a sum equal to fifteen per cent of the actual cost of such new asset for the assessment year relevant to the previous year in which such new asset is installed. (2) If any new asset acquired and installed by the assessee is sold or otherwise transferred, except in connection with the amalgamation or demerger or re-organisation of business referred to in clause (xiii)or cla

60 Minute Marriage Counselling Session On Phone

Description A 60 minute phone call with an expert Marriage\Relationship Counselor to discuss your marriage\relationship related issues. Counselling aims to resolve issues and improve communication in a relationship. Couples’ counselling works with both people in the relationship, however sessions can start with one individual, working towards the involvement of the other partner. What's Included a) 60 minute phone call with the counselor where you can discuss all your issues and seek guidance. What's Not Included a) Counselling session via meeting

Send Legal Notice for Divorce

 India being a secular country derives a large part of its laws from various religious practices. One such area of law is Divorce law of India. A divorce case in India can be initiated by either party based on the procedure relevant as per the law applicable to the parties. However, the procedure for divorce always starts with sending a legal notice.   Either party can send a legal notice to the other spouse intimating his/her intent to initiate legal proceedings for divorce. Sending a legal notice acts as a formal way of communication by one party to the other acting as a warning and at the same time creating chances for a last attempt for conciliation, if possible. Connect with an expert lawyer for your legal issue   What is a legal notice for divorce? A legal notice refers to a formal communication to a person or the opposite party in a case, informing him/her about one’s intention to undertake legal proceedings against him/her. Therefore, a legal notice for divorce is a formal inti