Criminal Conspiracy Short Notes

Criminal conspiracy refers to a secret agreement between two or more individuals to commit an illegal act or a legal act through unlawful means. This offense is recognized under the Pakistan Penal Code and the Indian Penal Code, which define the legal consequences for those involved in such crime.

Definition

According to the Pakistan Penal Code, when two or more people agree to commit an illegal act or a legal act through illegal means, it is termed as criminal conspiracy. This definition is also applicable in the Indian Penal Code.

Essential Elements

  1. At least Two People: A conspiracy cannot be committed by a single person; it requires the involvement of at least two individuals.
  2. Agreement Between the Parties: There must be an explicit or implied agreement between the conspirators to commit the crime.
  3. Unlawful Objective: The planned act should either be illegal or a legal act performed through illegal means.
  4. Execution of the Plan: Mere agreement is enough to establish conspiracy; actual execution is not always necessary.

Punishment

According to Section 120B of the Pakistan Penal Code:

  • For Serious Crimes: If the conspiracy involves a crime punishable by death or imprisonment for two years or more, the conspirators will receive the same punishment as prescribed for that crime.
  • For Lesser Offenses: If the conspiracy does not involve a serious crime, the offenders may face up to six months of imprisonment, a fine, or both.
  • Against the State: If the conspiracy is against the sovereignty of Pakistan or the government, it can lead to life imprisonment, up to 10 years of imprisonment, and a fine.

Conclusion

Criminal conspiracy is a serious offense that involves planning and coordination between individuals to commit unlawful acts. Laws exist to prevent such conspiracies and ensure that justice is served.


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