CHANAKYA NATIONAL LAW UNIVERSITY, PATNA

Criminal Law – I
Indian Penal Code, 1860, The Sexual Harassment of
Women at Workplace (Prevention, Prohibition and
Redressal) Act, 2013 & The Prevention of
Corruption Act, 1988
Semester III
Academic Year 2020-21

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Course Teacher:
Ms. Preety Anand
Assistant Professor (Law)
Chanakya National Law University, Patna.
 CRIMINAL CONSPIRACY

• In criminal law, a conspiracy is an agreement

between two or more persons to commit a
crime at some time in the future.
• One of the Inchoate offences. (Person, Mens
Rea, Actus Reus, Injury) the last two
essentials are not there.
• It is a continuing offence.
• Relevant Provisions: chapter V-A of the IPC,
Section 120 A and 120 B.

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• 120A : Defines Criminal Conspiracy
• 120 B : Prescribes Punishment for the same.
 WHAT IS A CRIMINAL CONSPIRACY

Ingredients of Section 120A

1. An agreement between two or more persons: When two or more persons
agree to do, or cause to be
Agreement here does not mean a written agreement. It’s done,-
the pact that is to be considered. Two or more persons (1) an illegal act, or
contemplating commission of a crime, is punishable. They (2) an act which is not illegal by
can either agree to commit or to cause the commission of a illegal means,
crime. It can be expressed or implied. such an agreement is designated
a criminal conspiracy:
2. Purpose of the agreement is to commit either an Provided that no agreement
illegal act (section 43) or a legal act by illegal except an agreement to commit
means: an offence shall amount to a
criminal conspiracy unless some
Section 43 of IPC defines the term Illegal. It includes act besides the agreement is
Offences, Civil Wrongs, or kinds of wrongs for which action done by one or more parties to
can be taken in the court of law. There can be instances such agreement in pursuance
where a legal act is committed through illegal means. thereof.

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Explanation- It is immaterial
3. It is immaterial if the illegal act is the ultimate whether the illegal act is the
object or merely an incidental object of the ultimate object of such
agreement. (Explanation) agreement, or is merely
incidental to that object.
Explanation of the 2nd Ingredient

No act in
Offence furtherance of
agreement required
To commit an
Criminal illegal act Some act in
Other illegal acts
Conspiracy furtherance of
other than offence
agreement is
(an agreement) To commit legal under section 43
required
act by illegal
means

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• Pratapbhai Hamirbhai Solanki v. State of Gujarat and another, 2013
The Supreme Court has explained the ingredients of criminal conspiracy as under: -
The most important ingredient of the offence being the agreement between two or
more persons to do an illegal act. In a case where criminal conspiracy is alleged, the
court must inquire whether the two persons are independently pursuing the same
end or they have come together to pursue the unlawful object. The former does not
render them conspirators but the latter does. For the offence of conspiracy some kind
of physical manifestation of agreement is required to be established. The express
agreement need not be proved. The evidence as to the transmission of thoughts
sharing the unlawful act is not sufficient. A conspiracy is a continuing offence which
continues to subsist till it is executed or rescinded or frustrated by choice of necessity.
During its subsistence whenever any one of the conspirators does an act or a series of
acts, he would be held guilty under Section 120- B of the Penal Code, 1860.
• Ram Narayan Popli v CBI, 2003
In this case it was observed that the elements of a criminal conspiracy are
a) an object to be accomplished,
b) a plan or scheme embodying means to accomplish that object,

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c) an agreement or understanding between two or more of the accused persons whereby,
they become definitely committed to cooperate for the accomplishment of the object
by the means embodied in the agreement, or by any effectual means, and
d) in the jurisdiction where the statute required an overt act.
 KNOWLEDGE OF THE OBJECTIVE IS NECESSARY

State of Maharashtra v Som Nath Thapa and ors., 1996,

It was held that for a person to be liable for Crimianl Conspiracy under IPC,
he must have knowledge of what the co-conspirators were wanting to
achieve and thereafter having the intent to further the illegal act follows a
course of conduct to achieve the illegal ends or facilitate the
accomplishments.
– Knowledge of the objectives must be known to all the conspirators.
– Intention or knowledge must be there to facilitate the
accomplishments .
– If one doesn’t have a knowledge about the intentions or planning
of the co-conspirators, he wouldn’t be liable for criminal

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conspiracy. However, other liabilities depending upon the facts and
circumstance would be intact.
 DIFFERENCE BETWEEN JOINT LIABILITY u/s 34, ABETMENT BY
CONSPIRACY u/s 109 AND CRIMINAL CONSPIRACY u/s 120B

In Noor Mohammad Yusuf Momin v State of Maharashtra, AIR 1971 SC 885, the
distinction among sections 34, 109 and 120B was given by the apex court.
So far as Sec 34 is concerned, it embodies the principle of joint liability in the doing
of a criminal act, the essence of that liability being the existence of a common
intention. Participation in the commission of the offence in furtherance of the
common intention invites its application.
Abetment by conspiracy, Sec 109, on the other hand, may be attached even if the
abettor is not present when the offence abetted is committed, provided that he has
instigated the commission of the offence or engaged with one or more persons in a
conspiracy to commit an offence and pursuant to that conspiracy some act or illegal
omission takes place.
Criminal conspiracy postulates an agreement between two or more persons to do,

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or cause to be done an illegal act or an act which is not illegal by illegal means. It
differs from other offences in that mere agreement is made an offence even if no
step is taken to carry out that agreement.”
 Punishment for Criminal Conspiracy (Section 120B)
Section Instance
120 B Where the offence conspired is
punishable with death , life
imprisonment, or rigorous
imprisonment for more than 2
years
And, there is no express provision
under the code.
120 B Where the offence conspired is
punishable with any other
punishment that the above,
meaning thereby less than 2 years
of imprisonment, fine or both.
Punishment
The punishment is the
same as it is for abetment
of the offence in question.
(for each member of the
criminal conspiracy)
The punishment is
imprisonment no
exceeding a period of 6
months, or fine, or both.
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 THANK YOU.

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