Criminal Conspiracy

According to Section 120A of the Indian Penal Code 1860 Criminal conspiracy means when two persons form an agreement to commit any offence is termed as criminal conspiracy. Section 120B of the IPC deals with the criminal conspiracy punishment. Criminal Conspiracy is one of the most important topics in the study of law. This article provides a depth of view of criminal conspiracy.

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This Story also Contains

1. Evolution of Criminal Conspiracy
2. What is Criminal Conspiracy in IPC?
3. Essential elements to constitute criminal Conspiracy
4. Punishment for criminal conspiracy
5. Criminal Conspiracy under The Indian Evidence Act
6. Difference between Abetment and Criminal Conspiracy
7. Criminal Conspiracy Landmark Case Laws
8. Criminal Force and Assault
9. Criminal Force
10. Assault
11. Punishment for Assault or criminal force
12. Important provisions under IPC for assault or criminal force
13. Conclusion

Evolution of Criminal Conspiracy

• Criminal Conspiracy was first time introduced in the case of Poulter’s case 1611.
• In Poulterer’s case, a suit was filed in the court against Stone and his family of robbery to ruin their reputation. Stone brought with him 30 witnesses to prove to the court that on the night of the theft, he wasn’t home he was in London.
• The Jury in this case was satisfied with Stone’s declaration and he was discharged by the court. Moreover, after Stone was discharged he filed a case against the offenders that his reputation was harmed.
• The defendants attempted to settle the case between them.
• Still, they were unsuccessful and when the case was heard the Jury held that whether or not Stone was falsely acquitted and the defendants were liable to the offence of Criminal Conspiracy.
• The Poulterer’s case was a criminal conspiracy landmark case and the first time the offence of criminal conspiracy was defined in this case.

What is Criminal Conspiracy in IPC?

According to section 120A of the Indian Penal Code 1860, criminal conspiracy meaning is when two or more persons come into an agreement to commit an illegal act or harm someone, and an act which is illegal from the very initiation of the agreement.

An agreement to commit any illegal act will lead to criminal conspiracy.

Essential elements to constitute criminal Conspiracy

Section 120A of the Indian Penal Code 1860 deals with the essential elements to constitute the offence of criminal conspiracy are given below-

1. Agreement between two or more persons

There should be an agreement between two or more persons to commit an illegal act is known as criminal conspiracy. One person can't conspire for a criminal act so two or more persons must be involved to constitute the offence of criminal conspiracy.

In the case of H.P v. Krishan Lal, It was held that the essential element to constitute an offence of criminal conspiracy is the involvement of two or more persons.

2. Commission of an illegal act

Commission of an illegal act is the second ingredient to constitute an offence of criminal conspiracy. According to Section 120A of the Indian Penal Code 1860, there should be the involvement of two persons and both persons should indulge themselves in the commission of an illegal act to constitute an offence of criminal conspiracy. In the case of criminal conspiracy, the intent of the conspirator is taken into account.

Punishment for criminal conspiracy

• According to section 120B of the Indian Penal Code 1860, the punishment for criminal conspiracy is imprisonment for life and punishable with death or rigorous imprisonment for a term which shall extend to two years or if no provision is given on the code for the commission of the offence of criminal conspiracy will be punished under the punishment given in the code in the offence of abetment.
• Moreover, anyone who is a party to the criminal conspiracy shall be punished with imprisonment for a term which may extend to six months or with a fine or both.

Criminal Conspiracy under The Indian Evidence Act

According to Section 10 of the Indian Evidence Act 1872, the offence of criminal conspiracy is explained as when two or more persons have committed an offence and provided damages to anyone to do so is considered to be the reasonable grounds to constitute the offence of criminal conspiracy. It is also laid down in the act that the intention to commit should be common between both parties.

Difference between Abetment and Criminal Conspiracy

Even though both abetment and criminal conspiracy are terms related to participation in criminal activity. Although they both are distinct legal principles that are often confusing. A person who participates in a crime as a catalyst, supporter, or helping hand is considered an abettor. It can be present between two different individuals. The person abetting can get punished even if the result has not been achieved i.e. a crime has not taken place because it focuses on the abettor's intention for facilitation of the offence. While criminal conspiracy is an agreement between two or more parties to commit a crime. This agreement in itself is an offence. It does not matter whether the crime has been committed or not. In criminal conspiracy, there is the intention between all the parties to commit a criminal act but in abetment, the person doing abetment may not have the intention to commit the crime directly. Moreover, the abetment is often applied along with some other main criminal offences but the criminal conspiracy is a separate offence itself. Hence, the abetment requires the proof for instigation of crime but criminal conspiracy only requires proof for the existence of an agreement to commit the offence.

Criminal Conspiracy Landmark Case Laws

1. In the case of Kehar Singh v. Union of India

• Facts of the case - In this case, Kehar Singh was an employee in the Directorate General of Supply and Disposal in New Delhi. Kehar Singh was accused in the case of criminal conspiracy in the assassination of Indira Gandhi. He was found guilty under Section 120B for criminal conspiracy and Section 302 deals with punishment for murder according to the Indian penal Code. Kehar Singh was sentenced to death by the additional session judge of New Delhi. He filed for a writ petition which was also dismissed
• Rajinder Singh son of Kehar Singh filed a petition seeking pardon in front of the president of India. And the petition of writ petition was rejected by the president of India. Moreover, Rajinder Singh filed a petition in the Delhi High Court which was also rejected. Later he filed a case in the Supreme Court for special leave which was accepted by the Supreme Court and the execution process of Kehar Singh was put on hold.
• Issued raised Firstly, The issue raised in this case was that under Article 72 the president is allowed to decide a case which was already decided by the Supreme Court. Secondly, was the accused entitled to an oral hearing in front of the president of India?
• Judgements The court in this case held that the president of India possesses the power to decide on the case which is already decided by the Supreme Court. The court also held that Kehar Singh does not possess any inherent right to an oral hearing in front of the President of India.

2. In the case of Union of India v. S.N. Dhingra

In this case, it was held that when the objective as decided in the conspiracy is achieved the conspiracy comes to an end. And when the objective of the conspiracy is impossible to achieve the conspiracy comes to an end.

Criminal Force and Assault

Criminal Force

According to section 350 of IPC, criminal force means when any person uses a certain amount of force towards another person without that person’s consent to hurt that person or cause injury, a sense of fear or annoyance to the person on which the force is intended to be used is known as criminal force.

Assault

According to Section 351 of the Indian Penal Code 1860 when a person uses force or gestures intending to hit someone such gestures which imply the preparation to hit or provide damage to someone is known as assault. In an assault, force do not usually touch the other person's body but it implies preparation for the use of force or a motive to hit someone.

Punishment for Assault or criminal force

According to Section 352 of the Indian Penal Code 1860, the punishment for assault or criminal force from one person to another with an intention to hit that person shall be punished with imprisonment for a term of three months, or with payment of a fine or both.

Important provisions under IPC for assault or criminal force

Section 353- Tries to Assualt or uses Criminal Force intending to deter public servant from discharge of his duty-

• According to this section, the use of criminal force or assault on any person who is a civil servant during the execution of his duty as a public servant, or deterring him from the execution of his duties shall be punished under the provisions of section 353 with imprisonment for a term of two years or fine or both.

Section 354- Tries to Assault or use Criminal Force on a Woman intending to outrage her Modesty-

• According to this section, any person who assaults or uses criminal force on any woman who thereby outrages her modesty will be punished under section 354 with imprisonment for a term of five years and also will be liable to a fine or both.

Section 354A- Tries to Sexually Harass a Woman and Punishment for Sexual Harassment -

• According to section 354A of the Indian Penal Code, any man who tries to establish physical contact and uses sexual overtures or a demand for sexual favours or shows pornography to a woman without her will and making sexual remarks shall be held guilty for the offence of sexual assault and harassment under the above-mentioned section.
• Any man who tries to establish physical contact and uses sexual overtures or a demand for sexual favours or shows pornography to a woman without her will shall be punished with imprisonment for a term of three years or with a fine or both.
• Any man who tries to make sexual remarks on a woman shall be punished with imprisonment for a term of one year, or with a fine or both.

Section 354B- Tries to Assault or use Criminal Force to a woman with intent to disrobe her-

• According to this section, any man who tries to assault or use criminal force on a woman with an intention to disrobe her or compel her to be naked will be punished with imprisonment for a term of three years, or with a fine or both.

Section 354C- Voyeurism on a woman-

• According to section 354C of the Indian Penal Code 1860 any man who tries to watch or capture an image of a woman who is indulging in any private act of her not expecting to be observed by anyone such act shall be punished with imprisonment for a term of three years, or with fine or both in the case of first conviction.
• In the case of a second conviction, the offender will be punished with imprisonment for a term not exceeding seven years or with a fine or both.

Section 354D- Stalking a woman-

• According to section 354D any man who tries to follow and tries to contact a woman repeatedly despite her clear indication of disinterest or tries to monitor a woman on the internet, through email or any other electronic medium commits the offence of stalking a woman.
• Any person who commits the offence of stalking a woman shall be punished with imprisonment for a term of three years, or with a fine or both on the first conviction and on the second conviction the person will be imprisoned for a term of five years or with a fine, or both.

Section 355- Tries to Assault or uses criminal force intending to dishonour a person-

• According to section 355 of the Indian Penal Code 1860 any person who tries to assault or use criminal force with an intention to dishonour a person shall be punished with imprisonment for a term of two years or with a fine or both.

Section 356- Tries to Assault or uses criminal force intending to commit theft of property carried by a person-

• According to section 356 of the Indian Penal Code 1860 any person who tries to assault or use criminal force in an attempt to commit theft on property shall be punished with imprisonment for a term of one year, or with a fine or both. And the fine may extend to ten thousand rupees.

Conclusion

Criminal conspiracy under IPC means when two persons form an agreement to commit any offence is termed as criminal conspiracy. Section 120B of the IPC deals with the punishment of criminal conspiracy. Criminal Conspiracy is one of the most important topics in the study of law. This article provides a depth of view of criminal conspiracy. Criminal force and assault is given under Section 350 and Section 351 of the Indian Penal Code 1860. Both these offences are grave crimes and are crimes against a person's body.