1125. Institution and prosecution of conspiracy cases.
(a)The offence of criminal conspiracy may be divided into four classes:-[Vide section 196(A) of the Code of Criminal Procedure.](1)Conspiracy to commit cognizable offences punishable with death, transportation or rigorous imprisonment for a term of 2 years or upwards. In such cases there are no antecedent conditions prior to cognizance being taken in Court.(2)Conspiracy to commit-(i)any non-cognizable offence except those described in (3), or(ii)a cognizable offence not punishable with death, transportation or rigorous imprisonment for a term of 2 years or upwards. -In these cases the written consent of the Provincial Government or the Chief Presidency Magistrate or the District Magistrate empowered in this behalf, is necessary before any Court takes cognizance.Under Bengal Government order No. 1211P. - D., dated the 24th May, 1913, the initiation of proceedings in such cases can be undertaken with the written consent of the District Magistrate, or of the Chief Presidency Magistrate.(3)Conspiracy to commit any non-cognizable offences named in sub-section (1) of section 195 of the Code of Criminal Procedure.In these cases the Court shall take cognizance only on the written complaint as contemplated in that sub-section.(4)Conspiracy to commit-(i)an illegal act other than an offence, or(ii)a legal act by illegal means, or(iii)an offence to which the provisions of section 196 of the Code of Criminal Procedure apply.Unless a complaint is made by order or under authority of the Provincial Government or some officer empowered by the Provincial Government, no Court shall take cognizance of such offences.(b)The Provincial Government wishes to emphasize the desirability of resorting to prosecution of the offence of criminal conspiracy with due care, and only when the authorities are satisfied, after taking necessary legal advice, that there are reasonable grounds for instituting proceedings. Where the assistance of the police is invoked in such cases, police officers will be guided by the principles followed in the institution and conduct of gang cases. The police officer employed for the purposes of supervision and local control must be of known integrity and experience, and should go into the witness-box at an early stage of the case to show how the evidence has been got together and shifted. The Deputy Inspector-General, Intelligence Branch, shall immediately assume control of all cases in which prosecution has been sanctioned by the Provincial Government and in cases in which the District Magistrate has sanctioned the initiation of proceedings and has invoked the assistance of the police. The nature of the control to be exercised is laid down in regulation 617. The Deputy Inspector-General, Intelligence Branch, will be responsible for keeping the Provincial Government and the Inspector-General informed of all important stages of the case, and the Superintendent of the district in which the proceedings have been instituted will be responsible for keeping the Commissioner and the District Magistrate similarly informed.(c)The procedure for the preparation and prosecution of all the classes of conspiracy case analysed in clause (a) above, and of gang cases is laid down in rules 17 and 18 at page 34 of the Legal Remembrancer's Manual.(d)The cases referred to in class (a)(1) shall, as soon as instituted, be specially reported to the Deputy Inspector-General, Criminal Investigation Department, who may either assume control thereof or otherwise render assistance to the District Police concerned. In cases of conspiracy to commit a series of dacoities or robberies, it must be remembered that section 400 or 401, Indian Penal Code, involves, respectively, the offences of conspiracy to commit dacoities and robberies or thefts.
