Criminal Conspiracy in Pakistan Penal Code - The Law Study
Criminal Conspiracy in Pakistan Penal Code - The Law Study
Criminal Conspiracy in Pakistan Penal Code - The Law Study
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Explanation
It is immaterial whether the illegal act is the ultimate
object of such agreement, or is merely incidental to that object.
Criminal Conspiracy
Conspiracy is a scheme which germinates in the dark alleys
of sinister minds and comes to light only when its external results are known.
A conspiracy consists of a combination or agreement by persons to do an illegal
act or to effect a legal purpose by illegal means and is complete went two or
more than
do an illegal thing.
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One of the forms of abetment is conspiracy, and it makes no
difference that conspiracy by way of abetment requires an overt act, whereas
conspiracy under sections 120-A to commit an illegal act as is conspiracy under
section 120-A . PLC 1956 Kar 395.
Duration of Criminal 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
completion of its performance or by abandonment or frustration, or due to some
other cause.
Criminal Conspiracy is substantive offence
Conspiracy is a substantive offence, which is committed as
soon as the agreement to do an unlawful act is made. It is immaterial whether
the acts reus executed. IN order to constitute the offence of abetment by
conspiracy, there must be combining together of two or more persons in the
conspiracy and an ac
must take place in pursuance of that
conspiracy, and in order to the doing of
that thing. When parties concert together, and have a common object the act of
one of the parties done in furtherance of the common object and in pursuance of
the concerted plan, is the act of all. PLD 1951 Raj. 89.
Agreement to commit an offence necessary
The term “agreement” as used in relation to the offence of
conspiracy is not to be construed in any technical sense, as understood in the
law of contract; nor is there any requirement that it should be expressed in
any formal manner, or words; all that is required is that the minds of the
parties meet underst
bring about an intelligent and deliberate
agreement to do the acts and to commit the offence charged. There should,
indeed, be a union of two or more minds in a thing done or to be done, or a
mutual assent to do a thing.
Overt act is not necessary
An over act, unless the conspiracy is not to commit offences
is not necessary to frame a charge under this section. Where the proof of a
conspiracy depends upon proof of the participation of the accused in an overt
act which itself amount to an offences, the proper course is to put the accused
o their trial for
all that is shown against a person is
evidence of his association with any of the conspirators that would not
sufficient to convict him being one of the parties to the conspiracy.
Proof of Criminal Conspiracy
There is no difference between the mode of proof of the
offence of conspiracy and that of any other of any other offence; it can be
established by direct evidence or by circumstantial evidence. For this evidence
is not to be considered in isolation as so many bits of evidence but the whole
evidence is to be cons
its cumulative effect to be weighted
and given effect.
Punishment of Criminal Conspiracy
(i)Under Section 120B(1) of Pakistan Penal Code, 1860;
Whoever is a party to a criminal conspiracy to commit an
offence
v
Punishable with death,
v
Imprisonment
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Rigorous imprisonment for a
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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.