CRIMINAL CONSPIRACY
- There must be a meeting of minds by the
S.120A of PC
It states that when two person/more persons
agree to do / cause to be done :
(a) An illegal act , OR
(b) An act, which is legal by illegal means
- A criminal conspiracy must consists of an
agreement to commit an offence and there
must be accompanied with the act done by
one or more parties to the agreement.
- It is immaterial whether the act is the
ultimate object of the agreement or
incidental to the object.
PP v Khoo Ban Hock & Ors
The essence of a conspiracy is that a number
of persons have joined together to carry out
their illegal purpose. The essence of the
offence is the agreement.
- Illegal is defined in S.43 of PC - Offence or
prohibited by law which furnishes ground for
a civil action.
NMM Momin
Criminal conspiracy relates to an agreement
between two or more persons to do or cause
to be done , an illegal act or a legal act by
illegal means. It is differs from other offences
which is there is mere agreement and it is an
offence even there is no step is taken to carry
out the agreement. The substantive offence
of criminal conspiracy is wider than abetment
by conspiracy.
Elements :
The actus reus of the offence depends on :
 To commit an offence :
The actus reus is the agreement to commit
the act OR
 To commit a legal act by illegal means :
The actus reus comprises the agreement to
commit the act and there must be established
the commission by one of the parties to the
agreement.
Conspiracy to commit an illegal act
- There must be unity of object or purpose.
- At the time of agreement, each conspirator
should intend that the crime be committed
and that he will fulfill role in their agreement,
even if that role be no more than agreeing
1
that the crime be committed by another.
conspirators to do the act
- The offence is complete when two or more
agreed to do or cause to be done an illegal act
even thought the act has not been committed
yet.
Yashpal Mital v State of Punjab
It does not necessarily means that each
conspirator to know each and every detail of
the conspiracy. It is sufficient for them to be
the co-conspirators in the main object of the
conspiracy.
Abdul Rahman & Ors v Emperor
Criminal conspiracy may come into existence
and persist so long as they remain in the
agreement and are acting in the furtherance
of the object of the agreement.
Conspiracy to commit an act which is legal
by illegal means
- Under S.120A(b), it is necessary to establish
that the act was committed by one or more
parties to the agreement.
Marji Balayya v State of Orissa
The court held there was no direct
communication for committing robbery but
for the distribution of the richness of the rich
to the poor which is noble intention though
the method is by robbing people which is
illegal. The act must be done by one or more
parties to such agreement, however there is
none to suggest it.
Conspiracy to commit the imposible
Emperor v Hiremath
The two accused had agreed to do an illegal
act of murdering Z. The second accused tried
to kill Z by administering poison into Z’s food
and kidnapped for the purpose to kill Z. Then
the second, third and sixth accused in
furtherance of their criminal conspiracy, killed
Z by drowning Z. Actually, the planned to kill Z
by using black magic.
Held : The court held that they had agreed to
use black magic in which it is not an offence
under S.120B of PC but they had agreed in
their criminal conspiracy to kill Z, then this is
an offence under S.120B of PC. All the
accused were found guilty.

S.120B of PC - Punishment for criminal

conspiracy
(1) Whoever is a party to a criminal
conspiracy to commit an offence punishable
with death, 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 for a
term not exceeding six months or with fine or
with both.

Liability in criminal conspiracy

- There must be a real agreement and involve
at least two parties.
- It must be beyond the stage of negotiation
or exhortation and a decision to commit must
have been reached.
- When there are no evidence to implicate
anyone else, if all are acquitted except one,
that one must be acquitted.
- But one person alone may be convicted
where there is evidence implicating other
persons in the conspiracy