Q. Define Criminal Conspiracy. What are its kinds, discuss fully.
1.INTRODUCTION.
The word conspiracy means banding together for an evil purpose. The offence of criminal conspiracy is a substantive offence and is punishable as such. It has nothing to do with abetment, although conspiracy is one of the ways by which offence of abetment may be committed.
Conspiracy differs from other offences in as much as in other offences the intention to do a criminal act is not a crime unless something is actually done while conspiracy, even an agreement to do an illegal act becomes an offence.
2. RELEVANT PROVISIONS.
Section 120-A, 120-B and 121 of Pakistan Penal Code 1860.
3. MEANING OF CONSPIRACY.
(i). Marriam Webster Dictionary.
“Criminal conspiracy means to join in a secret agreement to do an unlawful or wrongful act, or an act which becomes unlawful as a result of the agreement”.
(ii). Under English Law.
Under the English law a conspiracy has been defined as an agreement by two or more persons to do unlawful or to do a lawful act by unlawful means and such conspiracy is itself liable to indictment.
1.INTRODUCTION.
The word conspiracy means banding together for an evil purpose. The offence of criminal conspiracy is a substantive offence and is punishable as such. It has nothing to do with abetment, although conspiracy is one of the ways by which offence of abetment may be committed.
Conspiracy differs from other offences in as much as in other offences the intention to do a criminal act is not a crime unless something is actually done while conspiracy, even an agreement to do an illegal act becomes an offence.
2. RELEVANT PROVISIONS.
Section 120-A, 120-B and 121 of Pakistan Penal Code 1860.
3. MEANING OF CONSPIRACY.
(i). Marriam Webster Dictionary.
“Criminal conspiracy means to join in a secret agreement to do an unlawful or wrongful act, or an act which becomes unlawful as a result of the agreement”.
(ii). Under English Law.
Under the English law a conspiracy has been defined as an agreement by two or more persons to do unlawful or to do a lawful act by unlawful means and such conspiracy is itself liable to indictment.
4. DEFINITION OF CRIMINAL CONSPIRACY UNDER SECTION 120-A OF PAKISTAN PENAL CODE 1860.
When two or more persons agree to do, or cause to be done,…
(1). An illegal act, or;
(2). An act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy.
Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof.
Explanation.
It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object.
5. ESSENTIAL INGREDIENTS OF CRIMINAL CONSPIRACY UNDER SECTION 120-A OF PAKISTAN PENAL CODE 1860.
The essentials ingredients of the offence of criminal conspiracy are the following.
(I). Two or More Persons.
There should be at least two persons to constitute the offence of criminal conspiracy. As one person cannot conspire or agree with himself and he cannot be held liable of offence of conspiracy.
In short conspiracy requires two minds; hence a man cannot conspire with one Man Company of his own.
When two or more persons agree to do, or cause to be done,…
(1). An illegal act, or;
(2). An act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy.
Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof.
Explanation.
It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object.
5. ESSENTIAL INGREDIENTS OF CRIMINAL CONSPIRACY UNDER SECTION 120-A OF PAKISTAN PENAL CODE 1860.
The essentials ingredients of the offence of criminal conspiracy are the following.
(I). Two or More Persons.
There should be at least two persons to constitute the offence of criminal conspiracy. As one person cannot conspire or agree with himself and he cannot be held liable of offence of conspiracy.
In short conspiracy requires two minds; hence a man cannot conspire with one Man Company of his own.
CASE LAW.
NLR 1998 SCJ 184.
The charge of criminal conspiracy against lone accused should not survive when three other co-accused have been acquitted as Section 120-A requires presence of more than one person to complete offence of criminal conspiracy.
(II). Agreement Between That Persons.
To constitute the criminal conspiracy there must be an agreement of two or more persons to do an act which is illegal or which is to be done by illegal means.
The agreement must be the product of two consenting minds, uninfluenced by any consideration of threat, intimidation, coercion or undue influence.
(i). Mode of Agreement.
Agreement may be express or implied or partly express and partly implied could be reached in one or several sitting.
(III). To Do An Illegal Act.
The agreement between two or more persons must be to do an illegal act. It is immaterial whether the illegal act is ultimate object of such agreement or is merely incidental to that object.
So where the agreement is to commit an illegal act, then it will amount to criminal conspiracy and where the agreement is merely to do an act which is not illegal then it shall not amount to conspiracy to do an illegal act.
CASE LAW.
AIR 1965 SC. 469.
An essential ingredient of the offence of criminal conspiracy is the agreement to commit an offence irrespective of the means decided upon to carry out the object of the conspiracy.
(IV). Legal Act By Illegal Means.
The agreement between two or more persons must be to do a legal act by illegal means. As two or more persons may be held liable of the criminal conspiracy only if they do a legal act by illegal means.
(a). Illustration.
‘A’ ‘B’ and ‘C’ are traders of sugar. They sell sugar to the general public. They make an agreement to purchase sugar neighboring countries, where the Government prohibited the trade of sugar from neighboring countries. They would be liable to for criminal conspiracy to smuggle sugar from neighboring countries.
6. AGREEMENT TO COMMIT AN OFENCE NO OVERT ACT IS NECESSARY ------PROVISO.
This section has one proviso as well and that is very important. It says that when an agreement is not for commission of an offence, an overt act is pursuance of the conspiracy is necessary to constitute criminal conspiracy. Thus an agreement becomes a criminal conspiracy only if it relates to the commission of some offence, otherwise mere agreement will not be sufficient unless same overt act is also pursuance of the agreement.
7. PROOF OF CONSPIRACY.
Conspiracy can be established by direct or circumstantial evidence. For this evidence is not to be considered in isolation as so many bits of evidence but the whole of evidence should be considered together and its cumulative effect to be weighed and given effect (PLD 1979 S.C. 53).
It must be remembered here that the proof of conspiracy should conform to the pre-requisites of Article 23 of Q.S.O. 1984.
8. DURATION OF CONSPIRACY.
Conspiracy arises and an offence is committed as soon as an agreement is made and the offence continues to be committed as long as the combination persists, viz. until conspiratorial agreement is terminated by completing of its performance or by abandonment or frustration or due to some other cause. (PLD 1979 S.C 53).
9. KNOWLEDGE OF CONSPIRACY; NECESSARY.
Persons who are seduced into unlawful acts but not aware of the conspiracy cannot be convicted for the conspiracy.
10. KNOWLEDGE OF DETAILS OF CONSPIRACY IS NOT ESSENTIAL.
It is not necessary that each member of conspiracy should be in communication with other member, or know all the details of the conspiracy. What is necessary is that there should be one conspiracy and all the accused should be connected by common intention.
11. CONCEPT OF CRIMINAL CONSPIRACY UNDER SECTION 120-A.
Criminal conspiracy is a substantive offence i.e. it is recognized and punishable offence in itself. It is different from other offences; an intention to do a criminal act is not a crime in itself in other offences until something is done amounting to it. Whereas conspiracy is an offence simply on the basis of the agreement or meeting of the minds. Thus mere Mens Re is enough to establish liability in criminal conspiracy. Thus liability can be imposed as soon as an agreement something to criminal conspiracy is reached.
12. CRIMINAL CONSPIRACY----OFFENCE WHEN COMPLETES.
The offence of criminal conspiracy is complete as soon as there is an agreement between different persons to commit an unlawful act or a lawful act by illegal means and the persons who entered into such an agreement can be tried for criminal conspiracy irrespective of the fact whether any substantive offence has been committed in pursuance of the conspiracy or not.
NLR 1998 SCJ 184.
The charge of criminal conspiracy against lone accused should not survive when three other co-accused have been acquitted as Section 120-A requires presence of more than one person to complete offence of criminal conspiracy.
(II). Agreement Between That Persons.
To constitute the criminal conspiracy there must be an agreement of two or more persons to do an act which is illegal or which is to be done by illegal means.
The agreement must be the product of two consenting minds, uninfluenced by any consideration of threat, intimidation, coercion or undue influence.
(i). Mode of Agreement.
Agreement may be express or implied or partly express and partly implied could be reached in one or several sitting.
(III). To Do An Illegal Act.
The agreement between two or more persons must be to do an illegal act. It is immaterial whether the illegal act is ultimate object of such agreement or is merely incidental to that object.
So where the agreement is to commit an illegal act, then it will amount to criminal conspiracy and where the agreement is merely to do an act which is not illegal then it shall not amount to conspiracy to do an illegal act.
CASE LAW.
AIR 1965 SC. 469.
An essential ingredient of the offence of criminal conspiracy is the agreement to commit an offence irrespective of the means decided upon to carry out the object of the conspiracy.
(IV). Legal Act By Illegal Means.
The agreement between two or more persons must be to do a legal act by illegal means. As two or more persons may be held liable of the criminal conspiracy only if they do a legal act by illegal means.
(a). Illustration.
‘A’ ‘B’ and ‘C’ are traders of sugar. They sell sugar to the general public. They make an agreement to purchase sugar neighboring countries, where the Government prohibited the trade of sugar from neighboring countries. They would be liable to for criminal conspiracy to smuggle sugar from neighboring countries.
6. AGREEMENT TO COMMIT AN OFENCE NO OVERT ACT IS NECESSARY ------PROVISO.
This section has one proviso as well and that is very important. It says that when an agreement is not for commission of an offence, an overt act is pursuance of the conspiracy is necessary to constitute criminal conspiracy. Thus an agreement becomes a criminal conspiracy only if it relates to the commission of some offence, otherwise mere agreement will not be sufficient unless same overt act is also pursuance of the agreement.
7. PROOF OF CONSPIRACY.
Conspiracy can be established by direct or circumstantial evidence. For this evidence is not to be considered in isolation as so many bits of evidence but the whole of evidence should be considered together and its cumulative effect to be weighed and given effect (PLD 1979 S.C. 53).
It must be remembered here that the proof of conspiracy should conform to the pre-requisites of Article 23 of Q.S.O. 1984.
8. DURATION OF CONSPIRACY.
Conspiracy arises and an offence is committed as soon as an agreement is made and the offence continues to be committed as long as the combination persists, viz. until conspiratorial agreement is terminated by completing of its performance or by abandonment or frustration or due to some other cause. (PLD 1979 S.C 53).
9. KNOWLEDGE OF CONSPIRACY; NECESSARY.
Persons who are seduced into unlawful acts but not aware of the conspiracy cannot be convicted for the conspiracy.
10. KNOWLEDGE OF DETAILS OF CONSPIRACY IS NOT ESSENTIAL.
It is not necessary that each member of conspiracy should be in communication with other member, or know all the details of the conspiracy. What is necessary is that there should be one conspiracy and all the accused should be connected by common intention.
11. CONCEPT OF CRIMINAL CONSPIRACY UNDER SECTION 120-A.
Criminal conspiracy is a substantive offence i.e. it is recognized and punishable offence in itself. It is different from other offences; an intention to do a criminal act is not a crime in itself in other offences until something is done amounting to it. Whereas conspiracy is an offence simply on the basis of the agreement or meeting of the minds. Thus mere Mens Re is enough to establish liability in criminal conspiracy. Thus liability can be imposed as soon as an agreement something to criminal conspiracy is reached.
12. CRIMINAL CONSPIRACY----OFFENCE WHEN COMPLETES.
The offence of criminal conspiracy is complete as soon as there is an agreement between different persons to commit an unlawful act or a lawful act by illegal means and the persons who entered into such an agreement can be tried for criminal conspiracy irrespective of the fact whether any substantive offence has been committed in pursuance of the conspiracy or not.
13. PUNISHMENT OF CRIMINAL CONSPIRACY UNDER SECTION 120-B.
(I). Punishment For Conspiracy For A Punishable With Death, Imprisonment For Life Or Rigorous Imprisonment For 2 Years Under Section 120-B(1) of Pakistan Penal Code 1860.
Whoever is a party to a criminal conspiracy to commit an offence
(a). Punishable with death,
(b). Imprisonment for life or
(c). Rigorous imprisonment for a term of 2 years or upwards,
Shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence.
(II). Punishment For Conspiracy For Other Crimes Under Section 120B(2) of Pakistan Penal Code 1860.
Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with
(a). Imprisonment of either description for a term not exceeding 6 months, or
(b). With fine, or
(c). With both.
The punishment for criminal conspiracy is more serve if the agreement is to commit a serious offence; it is less serve if offence is not very serve.
14. EVIDENCE FOR CRIMINAL CONSPIRACY.
Evidence of existence of criminal conspiracy can be deduced from the overt acts of the parties to the agreement. Where generally conspiracy is a matter of inference deduced from certain criminal acts of parties accused. In case of ‘no-direct evidence’ is available inference as to the guilty of the parties should be drawn.
15. CONSPIRACY TO COMMIT OFFENCES PUNISHABLE BY SECTION 121-A.
Whoever within or without Pakistan conspires to
(i). Commit any of the offence punishable by section 121 or;
(ii). Deprive Pakistan of the sovereignty of her/ his territories or any part therefore;
(iii). Over awe, by means of criminal force or the show of criminal force, the Federal Government or any Provincial Government.
Shall be punished with imprisonment for a life or with imprisonment of either description which may extend to 10 years and shall also be liable to fine.
16. CONCLUSION.
The pith and marrow of all the previous discussion there is no iota untruth shows that the offence of criminal conspiracy consists in the very agreement between two or more persons to commit a criminal offence irrespective of further consideration whether or not those offences have actually committed. The very fact of the conspiracy constitutes the offence and it is immaterial whether anything has been done in pursuance of the unlawful agreement. (PLD 1957 SC Ind. 68).
(I). Punishment For Conspiracy For A Punishable With Death, Imprisonment For Life Or Rigorous Imprisonment For 2 Years Under Section 120-B(1) of Pakistan Penal Code 1860.
Whoever is a party to a criminal conspiracy to commit an offence
(a). Punishable with death,
(b). Imprisonment for life or
(c). Rigorous imprisonment for a term of 2 years or upwards,
Shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence.
(II). Punishment For Conspiracy For Other Crimes Under Section 120B(2) of Pakistan Penal Code 1860.
Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with
(a). Imprisonment of either description for a term not exceeding 6 months, or
(b). With fine, or
(c). With both.
The punishment for criminal conspiracy is more serve if the agreement is to commit a serious offence; it is less serve if offence is not very serve.
14. EVIDENCE FOR CRIMINAL CONSPIRACY.
Evidence of existence of criminal conspiracy can be deduced from the overt acts of the parties to the agreement. Where generally conspiracy is a matter of inference deduced from certain criminal acts of parties accused. In case of ‘no-direct evidence’ is available inference as to the guilty of the parties should be drawn.
15. CONSPIRACY TO COMMIT OFFENCES PUNISHABLE BY SECTION 121-A.
Whoever within or without Pakistan conspires to
(i). Commit any of the offence punishable by section 121 or;
(ii). Deprive Pakistan of the sovereignty of her/ his territories or any part therefore;
(iii). Over awe, by means of criminal force or the show of criminal force, the Federal Government or any Provincial Government.
Shall be punished with imprisonment for a life or with imprisonment of either description which may extend to 10 years and shall also be liable to fine.
16. CONCLUSION.
The pith and marrow of all the previous discussion there is no iota untruth shows that the offence of criminal conspiracy consists in the very agreement between two or more persons to commit a criminal offence irrespective of further consideration whether or not those offences have actually committed. The very fact of the conspiracy constitutes the offence and it is immaterial whether anything has been done in pursuance of the unlawful agreement. (PLD 1957 SC Ind. 68).
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