Criminal conspiracy

Introduction
Conspiracy means a combination of two or more persons for unlawful purposes. It is an
agreement between two or more persons to commit an illegal act. Criminal conspiracy is a
substantive offence under the P.P.C. Generally the accused is charged with the offence of
criminal conspiracy along with the charge of some other substantive offence under the P.P.C.
Relevant provision :
Sections 120A, 120B(1), and 120B(2) of Pakistan Penal code 1860.
Statutory definition of criminal conspiracy
Under section 120A of P.P.C :
When two or more persons agree to do, or cause to be done,
(1) An illegal act, or
(2) An act which is not illegal by illegal means, such an agreement is designated a criminal
conspiracy :
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.
According to case law :
(PLD 1979 SC 53)
Criminal conspiracy consists not merely in intention of two or more persons but in
agreement of two or more persons to do an illegal act or to do a legal act by illegal means.
Design as long as resting in intention only is not indictable. No agreement, except an
agreement to commit an offence, amounts to criminal conspiracy, unless some overt act
besides agreement is done in pursuance of criminal conspiracy.
Ingredients of criminal conspiracy under section 120A :
The essential ingredients of this offence are:
(1) That there should be an agreement between the persons who are alleged to conspire,
and
(2) That agreement should be
 (i) For the doing of an illegal act, or
(ii) For doing by illegal means an act which may not itself be illegal.
Mode of proof :
Conspiracy may be established by direct or indirect evidence such as circumstantial
evidence which is not be considered in isolation as so many bits of evidence, but whole of
evidence is to be considered together and it’s cumulative effect is to be weighted and given
effect.
Punishment of criminal conspiracy
Under section 120B :
(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 punishment with imprisonment of either
description for a term not exceeding six months, or with fine or with both.