Criminal Conspiracy is one of the most discussed topic in the legal field.
Criminal conspiracy and joint liability are indispensable parts of our criminal legal system. Find the Best Criminal Lawyers for Criminal Conspiracy cases in Chennai India.
The Criminal Conspiracy is comes under Chapter V A Section 120A & 120B of I.P.C.
Section 120A:- Definition of Criminal Conspiracy:
When two or more persons agrees to do, or cause to be done:-
(1) an illegal act, or
(2) an act which is done through illegal means.
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.
Explanation:-
It is immaterial whether the illegal act is the ultimate object of such
agreement, or is merely incidental to that object.
Two or more persons:
One of the most important thing in the criminal conspiracy is that
there has to be two or more person because as we all know that one
cannot conspire about the things to himself there has to be two or more
person to conspire about something. It was held in the State of HP vs.
Krishnanlal that the criminal conspiracy consists in a meeting of minds
of two or more person for agreeing to do or causing to done an illegal
act or an act which is not illegal but by illegal means.
Can there is conviction of one only:
In case of Bimdhar Pradhan vs. State of Orissa it was held that
court can convict only one person based on sufficient evidence of the
criminal conspiracy.
How to prove the conspiracy:
It was believed that agreement or meeting of minds is the one of
the main evidence to prove the conspiracy under this section.
The criminal conspiracy is based on circumstantial evidence in
most of the cases there is no direct evidence to prove the same.
Also point to be noted that there is no conspiracy between husband
& wife because they are considered as the one person.
Cases/Comments:
(1) Mohamed Usman Mohamed Hussain Maniyar v. State of Maharastra, AIR 1981 SC162:(1981)
SC Cr 381: (1981) Cr LJ 597.
The prosecution is not required to prove that perpetrators agreed to do or cause to be done the illegal act;
(2) Kehar Singh v. State (Delhi Admin.), (1989) Cr.LJ 1: AIR 1988 SC 1883.
The evidence as to transmission of thoughts sharing the unlawful design may be sufficient;
(3) Param Hans Yadav Vs. State of Bihar
Equivalent Citations: 1987 AIR 955, 1987 SCR (2) 405
In
this case it was observed that it is difficult to support the charges
for conspiracy with direct evidence the only way by which the one can
prove his criminal conspiracy the prosecution has to establish the link
between the different chain events.
(4) State of Tamil Nadu Vs. Nalini
Commonly known as the Rajiv Gandhi assasination case. It was
held that knowledge about conspiracy would not make an accused a
conspirator. It was held that also to provide the harbour to the main
accused didn't show the sufficient evidence that person is in the
conspiracy you have to prove that there is a meeting of minds between
the parties.
Section 120B. Punishment of Criminal Conspiracy.
(1)
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.
(2)
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.
Remedy for victim: Restitution
Remedy for false charges:
(1) Remedy before the arrest is made - Anticipatory Bail.
(2) Remedy after arrest: - Quashing of F.I.R.
(3)
Remedies after getting acquitted from the falsely implicated case -
(a)
Compensation for accusation without reasonable cause.
(b) Filing a
civil suit for defamation.
Conclusion: Criminal conspiracy and joint liability are indispensable parts of our criminal legal system. Find the Best Criminal Lawyers for Criminal Conspiracy cases in Chennai India.
