Can single conspiracy spread over two year apply for several offences

Tilak Marg Forum for Legal Questions Forums Criminal Law Can single conspiracy spread over two year apply for several offences

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    • #2413
      Anonymous
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      If several offences take place over a period of two years, and if the persons committing these offences are the same people in conspiracy, can it be said that there was a single conspiracy? Or, it would be a case where there are multiple conspiracies? Can a single conspiracy charge be framed for offences spread over a long period of two years?

    • #2414

      But, yes, it is legally possible to frame charge under a single conspiracy for several offences taking place over a period of two years, or for that matter, even for a longer duration, if the facts of the case support such single conspiracy.

      In fact, in a similar situation, in the case of S. Swamirathnam v. State of Madras, 1957 Cri LJ 422 : AIR 1957 SC 340, the Supreme Court has held as under:

      “The charge, as framed, discloses one single conspiracy, although spread over several years. There was only one object of the conspiracy and that was to cheat members of the public. The fact that in the course of years others joined the conspiracy or that several incidents of cheating took place in pursuance of the conspiracy did not change the conspiracy and did not split up a single conspiracy into several conspiracies. … the instances of cheating were in pursuance of the conspiracy and were therefore parts of the same transaction.”

       

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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