CLAT Notes | Criminal Conspiracy

In law, when two or more individuals come together and agree to engage in an illegal act or accomplish a legal act through illegal means, their agreement is classified as a criminal conspiracy.

However, it is important to note that the mere agreement itself does not amount to a criminal conspiracy unless some action beyond the agreement is undertaken by two or more parties involved.

Let’s delve deeper into the concept of criminal conspiracy by examining its essential components and providing some real-life examples to help illustrate its nature.

What is Criminal Conspiracy?

Criminal conspiracy occurs when two or more individuals agree to engage in an illegal act or accomplish a legal act through illegal means. To constitute a criminal conspiracy, an agreement must be present and pertain to an illegal act or a legal act executed through illegal methods.

Ingredients of Criminal Conspiracy

For an act to be considered a criminal conspiracy, the following elements must be present:

Agreement between two or more persons

A criminal conspiracy requires an agreement involving two or more individuals. This agreement can be either explicit or implicit as long as it demonstrates a mutual understanding among the parties involved.

Agreement to commit an illegal act

The agreement formed must pertain to the commission of an illegal act. It is not sufficient for the act to be legal; it must be an act that is prohibited by law. This agreement in itself is considered an offence under criminal law.

Agreement to accomplish a legal act by illegal means

Alternatively, the agreement may revolve around accomplishing a legal act but through illegal means. In such cases, at least one of the parties involved must take some overt action to advance the plan.

Illustrative Examples

To help illustrate the concept of criminal conspiracy, let’s consider four scenarios:

Example 1: Planning a Bank Robbery

John, Mark and Sarah conspire to rob a local bank. They agree to meet at a specified time and place, equip themselves with weapons and carry out the robbery. Even though robbing a bank is illegal, their mere agreement to commit the crime constitutes a criminal conspiracy.

Example 2: Manufacturing Counterfeit Currency

David and Lisa conspire to produce counterfeit currency notes. They agree to purchase the necessary equipment and materials, distribute the work tasks and execute their plan. Since their agreement centres on engaging in an illegal act, namely counterfeiting money, it qualifies as a criminal conspiracy.

Example 3: Illegally Influencing an Election

Paul, a politician, conspires with a group of individuals to manipulate the outcome of an election. They agree to distribute false information, engage in voter fraud and bribe officials. In this case, their agreement revolves around accomplishing a legal act (participating in an election) but through illegal means. To establish a criminal conspiracy, at least one group member must take a concrete step towards carrying out their plan.

Example 4: Drug Trafficking Operation

Alex, Brian and Emma conspire to traffic illegal drugs across the border. They agree to establish a distribution network, coordinate transportation and divide profits. Given that their agreement involves committing an illegal act (drug trafficking), it meets the criteria for a criminal conspiracy.