CRIMES
CRIMES
CRIMES
1. WHAT IS CRIME?
Paul Tappan defined crime as "an intentional act or omission in violation of criminal law,
committed without defense or justification, and sanctioned by the state as a felony or
misdemeanor."
14.criminal conspiracy:
A conspiracy consists not merely in the intention of two or more, but in the agreement of
two or more to do an unlawful act, or to do a lawful act by unlawful means. So long as a
design rests in intention only, it is not indictable.
Section 61 of bns
A conspiracy consists not merely in the intention of two or more, but in the agreement of
two or more to do an unlawful act, or to do a lawful act by unlawful means. So long as a
design rests in intention only, it is not indictable.
The constituent elements of the offence of criminal conspiracy are:
(1) an agreement between two or more persons,
(2) to do an illegal act, or
(3) to do a legal act by illegal means, and
State of Tamil Nadu v. Nalini (Rajiv Gandhi assassination case), the Supreme Court had laid
following important points relating to criminal conspiracy:
(1) Association of accused with one of main accused or even his knowledge about
conspiracy would not make him conspirator as agreement is sine qua non of agreement,
(2) Accused harbouring main accused persons knowing fully well their involvement in the
commission of offence is itself not sufficient to infer that he was member of conspiracy,
(3) If accused had no knowledge of conspiracy, then his mere association with the main
conspirator would not make him member of the conspiracy,
(4) It is not necessary for the conspirator to be present at the scene of the crime