Criminal Conspiracy
Criminal Conspiracy is a term very widely used and invoked in criminal cases.
In the Indian Penal Code it is defined under section 120-A :
- 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 as 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 persons to such an agreement in pursuance thereof. we’ll delve into the significance of having the criminal lawyer in Gurgaon by your side, along with gaining a deeper understanding of a complex legal concept of criminal conspiracy.
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Evidentiary Value of Criminal Conspiracy :
Criminal Conspiracy may be proved either by Direct Evidence or by Circumstantial Evidence.
Section 10 of The Evidence Act introduces the Doctrine of Agency and if the conditions, namely, that the acts shall be in reference to their Common intention and in respect of a period after such intention was entertained by any one of them.
The Court needs to be satisfied that there is reasonable ground to believe that two or more persons have conspired together to commit an offence or an actionable wrong, anything said, done or written by anyone of such persons in reference to their Common intention, after the time when such intention was first entertained by anyone of them, is a relevant fact as against each of the persons believed to be so conspiring, as well for the purpose of proving the existence of the conspiracy as for the purpose of showing that any such person was a party to it.
Therefore, the act done by one is admissible against the co-conspirators. To summarize:
- a. There shall be prima-facie evidence affording a reasonable ground to believe that two or more persons are members of a conspiracy.
- If the said condition is fulfilled, anything said, done or written by any of them in reference to their common intention will be evidence against the other.
- Anything said, done or written by him should have been said, done or written by him after the intention was formed by anyone of them.
- It would also be relevant for the said purpose against another who entered the conspiracy, whether it was said, done or written before he entered the conspiracy or after he left it.
- It can be used only against a conspirator and not in his favour.
Qualities to Look for in a Criminal Lawyer in Gurgaon :
- Expertise in Criminal Law: Look for a Criminal Lawyer in Gurgaon with a specialization in criminal law and a track record of handling cases similar to yours.
- Local Knowledge: Familiarity with Gurgaon’s legal system and local courts is advantageous for navigating the legal terrain effectively.
- Communication Skills: Effective communication is key. A good Criminal Lawyer in Gurgaon should be able to explain legal complexities in a way that is easily unders
Punishment of Criminal Conspiracy ( Section 120-B IPC ) :
It is a settled law that for an offence u/s 120-B IPC, the prosecutors need not necessarily prove that the perpetrators expressly agreed to do or cause to be done the illegal act.
The agreement may be proved by necessary implication.
Applicability :
Where an Offence is committed in pursuance of a conspiracy to commit it, the conspiracy amounts to an abetment and where conspiracy amounts to an abetment under section 107 IPC, it is unnecessary to invoke the provisions of 120-A, 120-B IPC because the Indian Penal Code has made specific provision for the punishment of such a conspiracy.
In other words, where the matter has gone beyond the stage of mere conspiracy and offences are alleged to have been actually committed in pursuance thereof sections 120-A, 120-B are wholly irrelevant. While those who are alleged to have abetted it by conspiracy should be charged with the offence of abetment u/s 109 IPC.
It is legal to try the accused persons on a charge of conspiracy to commit an offence even if the substantive offence has been carried out.
Conclusion: In Gurgaon, where legal challenges can arise unexpectedly, having the best criminal lawyer on your side is a strategic move. From navigating the intricacies of criminal law to understanding complex concepts like criminal conspiracy, legal expertise is your most valuable asset. If you find yourself in need of legal representation, reach out to a reputable criminal lawyer in Gurgaon who can guide you through the legal process and advocate for your rights with dedication and skill.
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