Name a few offence that
are associated with criminal
law ?
Answers
Explanation:
The mark of a civilized society is the willingness of the people to obey the unenforceable,” said Martin Luther King. Crime and Conspiracy are two facets of the same coin. While crime is bent on the idea of actus reus and mens rea, which is, a physical act and an ill intention, the conspiracy takes in a stance to correct the abuses acted out by the society that we live in.
The origin of the history of criminal conspiracy is not very recent. Considering the complex nature of the act of criminal conspiracy, the first time it was given legal bearing was in the renowned case known as the ‘Poulters’ Case” which was decided in 1611.
In the Poulters case, the defendants conspired and falsely brought a case of robbery, against a single person, named ‘Stone’. In place of the evidence presented in front of the grand jury, it held Stone innocent and acquitted him of all charges laid out by the defendants. Further, it was in the counter-suit filed by Stone that the court laid down the principle, what we know today as criminal conspiracy.
The court affirmed that the mere presence of conspiracy played out by the defendants, irrespective of whether Stone was falsely indicted or acquitted, lays down the gist of the offence and therefore can be considered as a crime and taken towards an indictment.
As we are aware that most of the laws governed in our country are inspired by English laws, the aforementioned theory can be retracted to a landmark case of Mulcahy v. R. In the case, the House of Lords submitted that “A conspiracy consists not merely in the intention of two or more but in the agreement of two or more to do an unlawful act by unlawful means. So long as such a design rests in intention only it is only indictable. When two agree to carry it into effect, the very plot is an act in itself and the act of each of the parties promise against promise actus contra actum capable of being enforced if lawful, punishable if for a criminal object or for the use of criminal means.” This case paved the way for criminal conspiracy in India. After the above-mentioned judgment, the Indian Penal Code was amended in 1870 to insert S.120-A IPC. Criminal conspiracy was considered a civil offence, initially. It was considered under the following two sections of the law.
Abetment in any offence; or
Conspiracy with criminal intent.
However, it was later considered to be as a criminal offence. Chapter V-A had been introduced in the code by the Criminal Law Amendment Act (8 of 1913).
Definition of ‘Conspiracy’
The offence of criminal conspiracy is defined under Section 120-A of Chapter V-A of the Indian Penal Code, 1860. According to Section 120-A, when two or more persons come together and agree to do, or cause something to be done, which constitutes an illegal act or a legal act carried forward by illegal means, such persons would be guilty of the commission of the offence of criminal conspiracy. In simpler terms, conspiracy refers to the meeting of minds for the commission of an offence. However, no such agreement would constitute the offence of criminal conspiracy, unless and until an act is performed in furtherance of such an agreement. The explanation attached to Section 120-A makes it clear that it is immaterial whether the illegal act committed in furtherance of such an agreement, is the focal point of the agreement or, is merely incidental to the performance of the ultimate goal of the agreement.
Relevant legal provisions
The relevant legal provisions under the Indian Penal Code which deal with the offence of criminal conspiracy are as follows:
Section 120A and Section 120B which deal with conspiracy as a substantive offence, i.e., an act, which in itself constitutes as a crime, and a punishment for the same;
Section 107, which deals with conspiracy as it being a form of abetment;
Section 121A which deals with an act constituting an offence of conspiracy to wage, attempt to, or abet war against the Government of India;
Section 310, Section 311, Section 400, Section 401 and Section 402, which deal with conspiracy as constituting involvement in the commission of an offence.
Punishment for Criminal Conspiracy
Section 120-B prescribes the punishment for the commission of the crime of criminal conspiracy. According to Section 120-B, if the parties involved in the conspiracy, conspired to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or more, shall be punishable in the same manner as if he/she had abetted the commission of such an offence, if no explicit punishment for the commission of such a conspiracy has been provided for, by the Code. However, if the parties involved in the conspiracy, conspired to commit an offence punishable with terms not prescribed previously, such persons shall be sentenced to an imprisonment for a term not exceeding six months, or a fine, or both.