A criminal Conspiracy is the agreement of two or more persons to do an illegal act, to do a legal act by illegal means. In other words, A joint evil intent is necessary to constitute crimes. Criminal Conspiracy is a partnership in crime, and each conspiracy consists of a joint and mutual agency for a prosecution of a common plan. A conspiracy being an agreement, it necessarily follows that there must be at least two persons. One person alone can not conspire.
Section 120(A) of the Indian penal code 1860 defines 'criminal conspiracy' and Section 10 of the Indian Evidence Act 1872 says that things said or done by conspirator in reference to common design.
Conspiracy - (Section 10 of the Indian Evidence Act1872)
Things said or done by conspirator in reference to common design -
According to Section 10 of the Indian Penal Code, where there is reasonable ground to believe that two or more persons have conspired together to commit an offence or an actionable wrong, anything said, done or written by any one of such persons in reference to their common intention, after the time when such intention was first entertained by any one of them is a relevant fact as against each of the persons believed to be so conspiring, as well as for the purpose of proving the existence of the conspiracy as for the purpose showing that any such persons was a party to it.
Reasonable grounds exist for believing that A has joined in a conspiracy to wage war against the Government of India.
The facts that, B procured arms in Europe for the purpose of the conspiracy, C collected money in Calcutta for a like object, D Persuaded persons to join the conspiracy in Bombay. E published writings advocating the object in view at Agra, and F transmitted from Delhi to G at Kabul the money which C had collected at Calcutta, and the contents of a letter written by H giving an account of the conspiracy, are each relevant, both to prove the existence of the conspiracy, and to prove A’s complicity in it, although he may have been ignorant of all of them and although the persons by whom they were done were strangers to him, and although they may have taken place before he joined the conspiracy or after he left it.
Criminal Conspiracy - (Section 12 of the Indian Penal Code 1860) -
Section 120A of the Indian Penal Code defines Criminal Conspiracy - According to Section 120A of the IPC "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.
It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object.
Section 120(B) prescribes punishment for Criminal Conspiracy.
See in Detail >>> Criminal conspiracy under the Indian Penal Code 1680
Conditions for application of Section 10 of the Indian Evidence Act 1872 -
For the purpose of section 10 of the Indian Evidence Act, the following conditions are to be satisfied -
1) Reasonable Grounds to believe the existence of conspiracy.
2) There should be two or more persons
3) Common intention
4) Act or Statement of the conspirator
5) The act or statement of must be in reference to common intention.
Burden of proof
Secondary Evidence (Section 63, 65 and 66 of Indian Evidence Act,1872) | Law of Evidence
Facts of which Court must take judicial notice (Section 57 of the Indian Evidence Act,1872)