What is basic concept of criminal conspiracy and common intention and difference between them?

 In Indian law, criminal conspiracy and common intention are two distinct legal concepts, though they often intersect in criminal cases. Here's a breakdown of each term:

1. Criminal Conspiracy:

   Criminal conspiracy is defined under Section 120-A of the Indian Penal Code (IPC). It involves an agreement between two or more persons to commit an illegal act or an act that is not illegal by illegal means. The essence of conspiracy lies in the agreement itself, irrespective of whether the actual criminal act is committed or not.

   Key points about criminal conspiracy:

   • The agreement can be either explicit or implicit.
   • Each conspirator need not participate in every detail of the conspiracy; they may have different roles and responsibilities.
   • The act need not be committed to establish the offense of conspiracy; the agreement itself is punishable.

2. Common Intention:

   Common intention is defined under Section 34 of the Indian Penal Code. It refers to a shared intention or a meeting of minds between two or more persons to commit a criminal act. This concept typically applies when a criminal act is committed by several persons in furtherance of a common intention, and each participant is held equally liable for the act, regardless of their individual role.

   Key points about common intention:

   • It implies a pre-arranged plan or understanding between the individuals involved.
   • Each participant must have had a common intention to commit the criminal act, and their actions must have been in furtherance of that intention.
   • Even if the actual act is committed by only one person, all participants with common intention are held equally liable.

Difference between Criminal Conspiracy and Common Intention:

1. Nature of Offense:

   • Criminal conspiracy focuses on the agreement to commit an illegal act, whether or not the act is actually carried out.
   • Common intention focuses on the shared intent or plan to commit a specific criminal act, and liability arises when the act is committed in furtherance of that intention.

2. Number of Persons Involved:

   • Criminal conspiracy requires at least two persons to form an agreement.
   • Common intention can involve two or more persons who share the intention to commit a criminal act.

3. Liability:

   • In criminal conspiracy, liability arises from the agreement itself, regardless of whether the intended act is executed or not.
   • In common intention, liability arises when the criminal act is committed by any of the participants in furtherance of the shared intention, and all participants with common intention are equally liable.

In summary, while criminal conspiracy and common intention are related concepts, they differ in terms of the nature of the offense, the number of persons involved, and the basis of liability. Both concepts play crucial roles in establishing culpability in criminal cases under Indian law.

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