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Oct 16, 2009

Chaman Lal and Ors. Vs. State of Punjab and Anr, Decided On 31.03.2009

“The elements of a criminal conspiracy have been stated to be: (a) an object to be accomplished, (b) a plan or scheme embodying means to accomplish that object, (c) an agreement or understanding between two or more of the accused persons whereby, they become definitely committed to cooperate for the accomplishment of the object by the means embodied in the agreement, or by any effectual means, and (d) in the jurisdiction where the statute required an overt act. The essence of a criminal conspiracy is the unlawful combination and ordinarily the offence is complete when the combination is framed.
Agreement may be proved by necessary implication. The offence of criminal conspiracy has its foundation in an agreement to commit an offence.
No doubt in the case of conspiracy there cannot be any direct evidence.
The agreement may be express or implied, or in part express and in part implied.
The actus reus in a conspiracy is the agreement to execute the illegal conduct, not the execution of it.
It is not enough that two or more persons pursued the same unlawful object at the same time or in the same place; it is necessary to show a meeting of minds, a consensus to effect an unlawful purpose.
It is not, however, necessary that each conspirator should have been in communication with every other."

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