Criminal Conspiracy: Section 120 (A): Definition of Criminal Conspiracy. “When two or more persons agree to do or cause to be done …
Criminal Conspiracy:
Section
120
(A): Definition of Criminal Conspiracy.
120
(A): Definition of Criminal Conspiracy.
“When two or
more persons agree to do or cause to be done
more persons agree to do or cause to be done
(i)
An illegal Act
An illegal Act
(ii)
An act may be lawful by illegal means.
An act may be lawful by illegal means.
Explanation:
It is immaterial whether illegal act is the ultimate object of such agreement
or is merely incidental to that object.
It is immaterial whether illegal act is the ultimate object of such agreement
or is merely incidental to that object.
Ø Conspiracy
is an agreement between people to break the law in the future, in some cases
having committed an act in furtherance of that agreement
is an agreement between people to break the law in the future, in some cases
having committed an act in furtherance of that agreement
Ø End
may be lawful but if one employs unlawful methods to achieve just object. He is
guilty under this section.
may be lawful but if one employs unlawful methods to achieve just object. He is
guilty under this section.
Ø One
cannot conspire with one self.
cannot conspire with one self.
Ø Agreement
between two human beings.
between two human beings.
Ø One
natural and other legal person can not constitute conspiracy.
natural and other legal person can not constitute conspiracy.
Ø Husband
and wife can hatch a conspiracy however under the common law there are same and
one person.
and wife can hatch a conspiracy however under the common law there are same and
one person.
Ø Director
(a Natural Person-A human being, naturally born) and a Company (a legal person
-entities such as corporations, which are treated in law as if they are persons
having rights and obligations) cannot conspire.
(a Natural Person-A human being, naturally born) and a Company (a legal person
-entities such as corporations, which are treated in law as if they are persons
having rights and obligations) cannot conspire.
Punishment for
Conspiracy.
Conspiracy.
Ø If
“B” and “C” are charged for the offence of Conspiracy and “B” discharged then
the remaining one cannot be charged.
“B” and “C” are charged for the offence of Conspiracy and “B” discharged then
the remaining one cannot be charged.
Ø Meeting
of mind is essential.
of mind is essential.
Object
should be common. Physical presence is not necessary, meeting of mind is
necessary
should be common. Physical presence is not necessary, meeting of mind is
necessary
Ø Criminal
Conspiracy is a continuing offence.
Conspiracy is a continuing offence.
Important:
If
the conspirators are discharge, from the illegal act performed by them even
then they can be held liable for conspiracy.
If
the conspirators are discharge, from the illegal act performed by them even
then they can be held liable for conspiracy.
For
eg.
eg.
A
B and C
B and C
A and B conspire
to commit some illegal act, A instigates B to do an illegal act B does not know
about the conspiracy and performed the act. B will be here liable for his individual
illegal act but not for conspiracy as no meeting of mind took place
to commit some illegal act, A instigates B to do an illegal act B does not know
about the conspiracy and performed the act. B will be here liable for his individual
illegal act but not for conspiracy as no meeting of mind took place
Ø Physical
presence of conspirator is not essential at the scene of incidence.
presence of conspirator is not essential at the scene of incidence.
Difference
between Sectin 120-A, Sec 107 and Section-34
between Sectin 120-A, Sec 107 and Section-34
Section
107: An illegal act and omission must have taken place
in further of conspiracy
107: An illegal act and omission must have taken place
in further of conspiracy
Section
120-A: Mere agreement between two or more person to
commit an offence enough.
120-A: Mere agreement between two or more person to
commit an offence enough.
Section
-34: An illegal act must have taken place in
furtherance of common intention.
-34: An illegal act must have taken place in
furtherance of common intention.
Practice
exercise:
exercise:
1. How many people are required to commit
criminal conspiracy
criminal conspiracy
A. One
B. Two or more
C. Five and
above
above
D. All of the
above
above
Ans: B
2. End may be
lawful but if one employs unlawful methods to achieve just object. He is guilty
of criminal conspiracy.
lawful but if one employs unlawful methods to achieve just object. He is guilty
of criminal conspiracy.
A. True
B. False
Ans: A
3. One person
can commit criminal conspiracy.
can commit criminal conspiracy.
A. True
B. False
Ans: B
4. If “B” and
“C” are charged for the offence of Conspiracy and “B” discharged then can the
remaining one be charged?
“C” are charged for the offence of Conspiracy and “B” discharged then can the
remaining one be charged?
A. Yes
B. No
C. Maybe
Ans: B
5. Physical
presence and meeting of mind is necessary
presence and meeting of mind is necessary
A. True
B. False
Ans: B
6. A and B
conspire to commit some illegal act, A instigates B to do an illegal act B does
not know about the conspiracy and performed the act. Will B he held liable for
criminal conspiracy
conspire to commit some illegal act, A instigates B to do an illegal act B does
not know about the conspiracy and performed the act. Will B he held liable for
criminal conspiracy
A. Yes
B. No
Ans: B
7. Is criminal
conspiracy a continuing offence?
conspiracy a continuing offence?
A. Yes
B. No
Ans: A
8. “A” the
director of a company and his company X Ltd who is a legal person conspire to
kill Y. Will this amount to criminal conspiracy?
director of a company and his company X Ltd who is a legal person conspire to
kill Y. Will this amount to criminal conspiracy?
A. Yes
B. No
Ans: B
9. If in the
previous question B an employee also conspires with them to kill Y. Is there a
conspiracy?
previous question B an employee also conspires with them to kill Y. Is there a
conspiracy?
A. Yes between
all three
all three
B. Yes between
A and B
A and B
C. Yes between
B and X Ltd
B and X Ltd
D. Yes between
A and X Ltd
A and X Ltd
Ans: B
10. X and Y
want to construct a park in their locality. For this purpose they kill Z who
has opposed their idea will they be held liable?
want to construct a park in their locality. For this purpose they kill Z who
has opposed their idea will they be held liable?
A. No
B. Yes
Ans: B
