Mar 11, 2022

5 things you didn’t know about Criminal Conspiracy

While granting bail to an accused person, the Supreme Court observed that an offence of conspiracy cannot be presumed from a set of unconnected facts or from conduct at different places and times without a reasonable link.

  1. Which law defines criminal conspiracy?

The offence of criminal conspiracy is defined under the Indian Penal Code of 1860.

  1. What is criminal conspiracy?

Section 120A of the Code defines criminal conspiracy. Criminal conspiracy occurs when two or more people agree to do an illegal act or any act by using illegal methods, and then actually take some steps to follow through with the agreement. It doesn’t matter whether an illegal act is the ultimate target of the agreement, or whether an illegal act happens in the course of fulfilling the agreement.

  1. What is the punishment for criminal conspiracy?

The punishment for criminal conspiracy depends on the nature of the offence which is planned by the agreement.

For a less serious offence, any person who takes part in a criminal conspiracy to commit the offence can be punished with imprisonment for up to six months and/or a fine.

The punishment is more severe for someone who is a part of a criminal conspiracy to commit an offence which is punishable with death, life imprisonment or rigorous imprisonment for at least two years. In such a case, the person can be punished as if he has assisted in committing the offence, and the punishment for actually committing such an offence will be applicable.

  1. Conspiracy to wage war

Sometimes, people may also conspire to wage war against the Indian government itself. In this case, the person who conspires to wage war can be punished with life imprisonment, or imprisonment for up to ten years, along with a fine. In case of a conspiracy to wage war, an agreement to do this illegal activity is enough, even if no act has actually been done to follow through with the agreement.

  1. The Rajiv Gandhi assassination case

The Supreme Court delivered a notable judgement on criminal conspiracy in State of Tamil Nadu v. Nalini.

Among other things, the Court said that a criminal conspiracy is a partnership in crime. In each conspiracy, there is a joint agency for the implementation of a common plan. If two or more people enter into a conspiracy, any act done by any of them to follow the agreement is considered as an act done by all of them, and they are jointly responsible. However, a conspirator is not responsible for acts done by a co-conspirator after the completion of the conspiracy.

Related Weekly Posts

March 04 2022

Aryan Khan’s arrest: What should you know about drug-related crimes?

The Narcotics Control Bureau has arrested actor Shah Rukh Khan’s son, Aryan, and three others after a drug bust on board a cruise ship off the Mumbai coast. Five others were also detained for questioning.   Which law regulates bail for drug-related crimes? In India, narcotic drugs like charas (hemp), ganja, opium etc., and psychotropic […]
Read More >

March 11 2022

Can a person who complains about a drug-related crime also investigate the crime?

In India, narcotic drugs like charas (hemp), ganja, opium etc. are regulated by the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The Act punishes the manufacture, possession, sale and use of these drugs. In a judgement today, the Supreme Court discussed a situation where a person who files a complaint (complainant) under the […]
Read More >

February 26 2022

Can you get protection if you file a criminal complaint or witness a crime?

The survivor in the alleged rape case against former Karnataka Minister Ramesh Jarkiholi has written to the Karnataka High Court Chief Justice seeking protection for her life and safety. She asked the Court to take note of the threat she is facing, claiming that the Special Investigation Team (SIT) probing the case is acting in […]
Read More >

March 11 2022

Committing a drug-related crime: What are the consequences?

Charas (hemp), ganja, opium – Who has not heard of these commonly used drugs? In India, narcotic drugs like these are regulated by the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The Act punishes the manufacture, possession, sale and use of these drugs. In a recent order, the Orissa High Court said that […]
Read More >

February 23 2022

Did you know that Intentionally Insulting any Religion is a Crime?

The Supreme Court has upheld the First Information Reports (FIRs) filed against journalist Amish Devgan for his remarks against Sufi saint Moinuddin Chishti. On June 15, while hosting his programme ‘Aar Par’, Devgan called the saint a ‘lootera’.   How does Indian law punish religious offences? Sections 295 to 298 of the Indian Penal Code, […]
Read More >

March 04 2022

Do you know the major religious crimes punishable under Indian law?

The Chief Justice of India, NV Ramana, has expressed concerns about the attempts in social media and online portals to give communal colour to news. In this context, let us look at the major religious offences under Indian law.   How does Indian law punish religious offences? Sections 295 to 298 of the Indian Penal […]
Read More >

February 24 2022

Hurting someone else is a Crime: What is the punishment?

In a case of gross negligence, twelve children were administered hand sanitiser drops instead of oral polio vaccine drops in a village in Yavatmal, Maharashtra. An inquiry is underway against three healthcare workers involved in the incident.   What recourse do patients have?   Under civil law, a patient can: Complain to the State Medical […]
Read More >

March 05 2022

Is revenge porn a crime in India?

Trigger Warning: This post contains information about sexual abuse which some readers may find disturbing. The Allahabad High Court has denied bail to an accused, saying that knowledge of intimate images does not give them the permission to misuse the same, and that it is the role of the courts to protect the rights of […]
Read More >

February 25 2022

Is deliberately harming someone’s reputation a crime?

The Delhi High Court has dismissed a criminal defamation complaint filed against the Business Standard newspaper and journalist Mitali Saran over an article with supposedly defamatory hints against the Rashtriya Swayamsevak Sangh (RSS).   What is criminal defamation? If you deliberately make or publish any claim about another person with the intention to harm their […]
Read More >

March 05 2022

Is marital rape a crime in India?

Trigger Warning: This post contains information about physical and sexual abuse which some readers may find disturbing. The Gujarat High Court acquitted a man accused of raping his wife who was a minor. It stated that non-interference in the matter would be a safer option for the wife. Which law punishes rape in India? The […]
Read More >