Conspiracy | Day 6 of

Описание: In Indian law, "conspiracy" is primarily dealt with under the Indian Penal Code (IPC) and is categorized into two broad sections: criminal conspiracy under Section 120A and the associated punishments under Section 120B.

1. Section 120A - Definition of Criminal Conspiracy
Criminal conspiracy, as defined in Section 120A of the IPC, is when two or more persons agree to do, or cause to be done, an illegal act, or an act which is not illegal by illegal means. The key elements of criminal conspiracy include:
Agreement: There must be an agreement between two or more persons.
Purpose: The purpose of the agreement must be to commit an illegal act or to achieve a lawful objective by illegal means.
Overt Act: For the conspiracy to be punishable, at least one overt act must have been done by one or more parties to the agreement in pursuance of the conspiracy.

2. Section 120B - Punishment of Criminal Conspiracy
Conspiracy to commit serious offenses: If the conspiracy is to commit a serious offense (e.g., one that is punishable by death, life imprisonment, or rigorous imprisonment of two years or more), then the punishment is the same as for the abetment of the offense.
Conspiracy to commit lesser offenses: If the conspiracy is to commit a non-serious offense, the punishment is imprisonment of up to six months, or a fine, or both.

Key Aspects to Note:
No Requirement for the Offense to be Committed: Unlike in some other legal systems, under Indian law, the offense of conspiracy does not require the actual commission of the illegal act. The mere agreement and some overt act in furtherance of the conspiracy are sufficient to constitute the offense.
Exception for Legal Acts: If the agreement is to commit an act that is legal, but the means to achieve it are illegal, it still constitutes a conspiracy.

Landmark Judgments:
Kehar Singh v. State (Indira Gandhi Assassination Case): This case is one of the most notable in Indian legal history concerning conspiracy. The Supreme Court upheld the conviction of the accused for criminal conspiracy to murder Prime Minister Indira Gandhi.

Rajiv Gandhi Assassination Case: Several accused were convicted under Section 120B for their involvement in the conspiracy to assassinate Rajiv Gandhi.

Application:
In practice, conspiracy charges in India are often brought in cases involving organized crime, terrorism, political crimes, and large-scale corruption. The law is used to target not just the perpetrators but also those who plan, support, or contribute to the illegal act through their involvement in the conspiracy.
.
.
.
#indianlaw #CriminalConspiracy #Section120A #Section120B #legaleducation #IndianPenalCode #ipc #lawstudents #legalknowledge #criminallaw #lawinindia #givememoney #money #willsmith