Distinguish criminal conspiracy from a criminal act done by several persons in furtherance of the common intention of all. What punishment is provided for criminal conspiracy by the Indian Penal Code?

Question: Distinguish criminal conspiracy from a criminal act done by several persons in furtherance of the common intention of all. What punishment is provided for criminal conspiracy by the Indian Penal Code? [UPCJ. 2018]

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Answer

Section 120A of IPC gives the provision for criminal conspiracy as an offence and section 34 of the code deals with the criminal act done by several persons in furtherance of the common intention of all. While section 34 is not a substantive offence meaning it does not create a distinct offence and is only a rule of evidence, Section 120A on the contrary creates a separate offence of criminal conspiracy.

Following are the two essential differences between the two:

1. For the applicability of Section 34, active participation of offenders is necessary for an offence whereas for the applicability of Section 120A, no active participation of offenders is necessary for an offence.
2. For applicability of Section 34, an act done in pursuance of common intention is necessary whereas for applicability of Section 120A, an act done in pursuance of intention is not necessary but the only intention is itself is enough to commit an offence.

In the case of Major E. G. Barsay v. State Of Bombay AIR 1961, it was said that it is not necessary for criminal conspiracy that every person participate in every act of series, a person is liable also if he did any act in such act of series.

In Conclusion, there is not much substantial difference between conspiracy, as defined in Section 120-A and acting on a common intention, as contemplated in Section 34.

While in the former, the essence of the offence is bare engagement and association to break the law even though the illegal act does not follow, the essence of the offence under Section 34, is the commission of a criminal act in furtherance of a common intention of all the offenders which means that there should be a prior meeting of minds or pre-arranged plan resulting in something for which an individual would be punishable as if it were all done by himself alone.

Section 120B provides for punishment for criminal conspiracy. It states:

1. 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 Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence.
2. 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.

So, if any part of a criminal conspiracy commits an offence that is punishable with Death or Imprisonment of life or Rigorous imprisonment for a term of two years or upwards and there no express provision is made for the punishment of such conspiracy then the party will be punished in the same manner as if he had abetted such offence.

And if the offence is not punishable by the above punishments then such conspiracy shall be punished with imprisonment of either description for a term not exceeding six months, or with fine or with both.

Praveen@Sonu v. State of Haryana, [Criminal Appeal No. 1571 of 2021], the court said,

It is fairly well settled, to prove the charge of conspiracy, within the ambit of Section 120-B, it is necessary to establish that there was an agreement between the parties for doing an unlawful act. At the same time, it is to be noted that it is difficult to establish a conspiracy by direct evidence at all, but at the same time, in absence of any evidence to show the meeting of minds between the conspirators for the intended object of committing an illegal act, it is not safe to hold a person guilty for offences under Section 120-B of IPC. 

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