Section 61 defines criminal conspiracy as an agreement between two or more persons to commit an illegal act or to achieve a legal act through illegal means. The section outlines what constitutes conspiracy, and what punishments apply depending on the seriousness of the planned offence.
Key Provisions:
(1) Definition of Criminal Conspiracy:
- If two or more persons agree with a common object to:
- (a) Do or cause to be done any illegal act, or
- (b) Do a legal act but by illegal means,
➤ Such agreement is termed criminal conspiracy.
- Proviso:
If the agreement is not to commit a specific offence, some overt act must be done in pursuance of the agreement for it to be considered conspiracy. - Explanation:
It does not matter whether the illegal act is the main goal or just incidental to the goal of the agreement.
(2) Punishment for Criminal Conspiracy:
- (a) If the conspiracy is to commit an offence punishable with death, life imprisonment, or rigorous imprisonment of 2 years or more:
- If there is no specific punishment provided elsewhere, the conspirator shall be punished as if they had abetted the offence.
- (b) If the conspiracy is for any lesser offence:
- Punishable with imprisonment up to 6 months, or
- Fine, or
- Both.
How It Protects:
- Targets early stages of crime where planning and coordination happen.
- Allows law enforcement to intervene before crimes are executed.
- Differentiates between major and minor conspiracies with proportionate punishment.
Example:
- A and B agree to rob a bank. Even before the robbery happens, this agreement itself is a criminal conspiracy, and both are punishable as if they abetted robbery.
- If C and D agree to spread unauthorized posters using forged permits, and one of them buys fake stamps for that, they are part of a criminal conspiracy, even though the act isn’t illegal by itself.