Criminal Conspiracy**

Definition of Criminal Conspiracy (Section 69 BNS)

Criminal Conspiracy is a crime that penalizes an agreement between two or more persons to commit an unlawful act or a lawful act by unlawful means. It targets preparatory conduct that goes beyond mere intention or individual preparation, involving collaboration between individuals.

Chapter V of the Bharatiya Nyaya Sanhita (BNS) deals with Criminal Conspiracy (Sections 69 and 70), similar to Chapter VA of the IPC (Sections 120A and 120B).

Definition:

Section 69(1) of the BNS defines Criminal Conspiracy (similar to Section 120A of the IPC): "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, 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 of the parties to such agreement in pursuance of the agreement.

Explanation: It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object.

Ingredients of Criminal Conspiracy

The essential elements or ingredients of Criminal Conspiracy are:

Agreement between two or more persons: There must be an agreement or understanding between at least two individuals. The agreement does not need to be formal or in writing; a meeting of minds is sufficient. It is the unlawful agreement itself that constitutes the crime, not necessarily the execution of the unlawful act.
To do or cause to be done: The agreement must be aimed at the commission of an act or omission.
An illegal act OR an act which is not illegal by illegal means: The object of the agreement must be either:
- An illegal act: An act that is an offence, or is prohibited by law, or furnishes ground for a civil action (Section 2(16) BNS defines 'illegal' as applicable to everything which is an offence or which is prohibited by law, or which furnishes ground for a civil action).
- An act which is not illegal by illegal means: Doing something that is not a crime or prohibited civil wrong, but achieving it through unlawful methods (which may be criminal or civil wrongs).

For an agreement to commit an offence, the agreement itself constitutes the criminal conspiracy (the proviso below modifies this slightly for agreements other than to commit an offence). For an agreement to do an act which is not illegal by illegal means, the agreement alone is not enough; some act besides the agreement must be done by one or more of the parties in pursuance of the agreement (as per the proviso).

Example: Agreement between two persons to commit a theft (theft is an offence). The agreement itself is a criminal conspiracy. Agreement between two persons to cause financial loss to a business by spreading false rumors (spreading false rumors may be a civil wrong or even a crime depending on context, leading to 'illegal act' part; if not, achieving the loss through unlawful means like defamation could still constitute conspiracy if some act in furtherance is done).

Ingredients of Criminal Conspiracy

Expanding on the definition, the key ingredients required to prove criminal conspiracy are the existence of an agreement and the common intention behind it, directed towards a specific unlawful object.

Agreement

As stated in the definition, the foundation of criminal conspiracy is the agreement between two or more persons. It is a meeting of minds or a combination for a common unlawful purpose. The agreement can be express or implied, and can be proved by direct evidence or inferred from conduct.

Common intention

The individuals involved in the conspiracy must share a common intention to achieve the agreed-upon object. They must all be aware of the common object and agree to work towards it. This common intention distinguishes a mere gathering of people from a conspiracy.

Object of the conspiracy

The object of the agreement must be unlawful. It must be to do or cause to be done an illegal act (an offence, something prohibited by law, or a civil wrong) or to do an act which is not illegal by illegal means.

For conspiracies where the object is not an offence, the BNS (like the IPC) requires that in addition to the agreement, some overt act or illegal omission must be done by one or more of the parties in pursuance of the agreement. This act or omission demonstrates that the conspiracy has moved beyond mere intention to some level of action.

The BNS, like the IPC, does not require all conspirators to know the details of the plan or the identity of all other conspirators. As long as they have agreed to the common unlawful object, they are part of the conspiracy.

The crime of criminal conspiracy is complete upon the formation of the unlawful agreement (for agreements to commit an offence) or upon the first overt act done in furtherance of the agreement (for agreements to do a non-illegal act by illegal means).

Punishment for Criminal Conspiracy

The BNS prescribes punishment for the offence of criminal conspiracy, the severity of which depends on the gravity of the offence that is the object of the conspiracy.

Provision:

Section 70(1) of the BNS prescribes Punishment for Criminal Conspiracy (similar to Section 120B(1) of the IPC): "Whoever is a party to a criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Sanhita for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence."

Section 70(2) of the BNS prescribes Punishment for Criminal Conspiracy (similar to Section 120B(2) of the IPC): "Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment of either description for a term not exceeding six months, or with fine, or with both."

Explanation:

Conspiracy to commit serious offences: If the conspiracy is to commit a grave offence (punishable with death, life imprisonment, or rigorous imprisonment of two years or more), and there is no specific provision for that particular conspiracy elsewhere in the BNS (e.g., conspiracy to wage war has a specific provision), then the conspirator is punished as if they had abetted the commission of that offence. This generally means the punishment is the same as for the completed offence if committed in consequence of the abetment (referencing abetment provisions like Section 42 BNS).
Conspiracy to commit other offences or non-illegal acts by illegal means: If the conspiracy is for less serious matters (other than offences punishable as mentioned above), the punishment is imprisonment up to six months, or fine, or both.

The BNS treats conspiracies to commit serious crimes with the same severity as abetment, reflecting the grave nature of collaborative criminal planning. For lesser conspiracies, a specific but less severe punishment is prescribed.

The offence of criminal conspiracy is crucial for tackling organised crime and targeting individuals involved in planning criminal activities, even if they do not directly participate in the final commission of the crime.

Distinction between Conspiracy and Abetment

Conspiracy (specifically abetment by conspiracy) is one form of abetment, but 'criminal conspiracy' as a standalone offence under Section 69 BNS is distinct from abetment in general. Understanding the difference is important.

Key Distinctions:

Feature	Criminal Conspiracy (Section 69 BNS)	Abetment (Section 40 BNS)
Basis	An agreement between two or more persons for an unlawful object. The agreement itself is the offence (for agreements to commit offences).	Involves instigation, conspiracy (as a mode of abetment), or intentional aiding. Covers various forms of encouragement or assistance.
Number of Persons	Requires at least two or more persons forming an agreement.	Can be committed by a single person instigating or aiding another. Abetment by conspiracy requires two or more, but it's just one way of abetting.
Overt Act Requirement	Required only for agreements to do acts which are not illegal by illegal means. Not required for agreement to commit an offence.	Required for abetment by conspiracy (an act or illegal omission in pursuance of the conspiracy). Not required for abetment by instigation. For abetment by aiding, the aiding itself is the act.
Focus	The agreement (or agreement + overt act) to commit an unlawful act. Focus on the combination of wills.	The role of the abettor in instigating, conspiring with, or aiding the principal offender. Focus on influencing or facilitating the principal's conduct.
Relationship with Principal Offence	The crime of conspiracy is complete even if the object offence is not committed (though punishment varies).	Abetment is usually charged along with the principal offence (if committed) or attempt (if attempted). Abetment is a secondary liability linked to the principal's conduct.

While abetment by conspiracy (Section 40 Secondly) is a type of abetment that involves an agreement, Criminal Conspiracy (Section 69) is a distinct substantive offence that punishes the unlawful agreement itself as a standalone crime. Conspiracy can be the object of abetment (abetting the commission of a criminal conspiracy), or it can be a means of abetting another offence (abetment by conspiracy).

In practice, both charges may be brought against individuals involved in planning and assisting criminal activities. For instance, individuals who agree to commit a crime may be charged with criminal conspiracy, and if they then help one of the conspirators to actually commit the crime, they may also be charged with abetment by aiding or abetment by conspiracy in relation to the completed offence.