Criminal Conspiracy Case Query
9 months ago
A person named X has a sister (say---Y) who is fighting a 498 & DV case. The Father in law of the X and Y (Let's say-A & B respectively) are professionally related in real estate. A person (say C) is a distant relative of X & Y and is professionally related to both "A" & "B" and thus is approached by B (Y's father in law) to pressurize Y to take her case back or face social boycott. "Y" objects when "C" gives threat to her father and reports it to Police station and NCR is raised against "C". "C" convinces X's father in law (i.e. "A") to ask X to take back 498 A,DV filed by his sister and stop complaining to police or he will take away his daughter (X's wife) and file false complaints and DV cases against "X". Eventually, "A" comes with his wife and 2 relatives and takes away his daughter (X's wife) and threatens X and his family. Fearing of wrong case filing, "X" reports matter to police station and an NCR is raised against "A","A's wife" and 2 relatives who came to take the X's wife u/s 504,506 & 34 of IPC but police refuses to file complaint against X's wife saying parents has right to take away their daughter and you can't stop them.
Question is :Can the Person "X" file a Criminal Conspiracy case against "A" and all the people (including "C") that are involved ? Is NCR raised by Police along with oral testimony of family of X sufficient evidence to file and contest Criminal Conspiracy case ? What additional evidences may one need ?
Under Section 120A of the IPC, criminal conspiracy is characterised as an arrangement between at least two individuals to attempt anything illicit, i.e.:
A criminal offence
A demonstration that is not restricted by regulation yet is completed unlawfully
‘Unlawful’ is defined under Section 43 of the IPC as ‘whatever establishes an offence, is illegal by regulation, or leads to a common activity’
The stipulation to Section 120A states that simply consenting to execute an activity that breaches the law makes for criminal conspiracy and that no unmistakable demonstration or unlawful exclusion should be shown. Such an unmistakable demonstration becomes fundamental when the conspiracy likely leads to something unlawful that does not establish a crime. It has no effect on whether the illegal conduct is the essential or accompanying objective of the arrangement.
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