109. Institution and prosecution of conspiracy cases. - (a) The offence of criminal conspiracy may be divided into four classes :-
[Vide section 196A of the Code of Criminal Procedure, 1898 (Act V of 1898).](1)Conspiracy to commit cognizable offences punishable with death, imprisonment for life 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, imprisonment for life or rigorous imprisonment for a term of 2 years or upwards.In these cases the written consent of the State Government or the Commissioner or the District Magistrate empowered in this behalf, is necessary before any Court takes cognizance.(3)Conspiracy to commit any non-cognizable offences named in sub-section (1) of section 195 of the Code of Criminal Procedure, 1898.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, 1898, apply.Unless a complaint is made by order or under authority of the State Government or some officer empowered by the State Government, no court shall take cognizance of such offences.(b)Where the assistance of the police is invoked in such cases, police officers shall be guided by the principles followed in the institution and conduct of gang cases. The police officer employed or the purposes of supervision and local control must be of known integrity and experience, and shall go into the witness-box at an early stage of the case to show how the evidence has been got together and sifted. Conspiracy cases shall be under the control of the Deputy Commissioner, Detective Department, or the Deputy Commissioner, Special Branch, who shall report progress from time to time to the Commissioner. In cases in which the sanction of the State Government is obtained or is considered necessary, the Commissioner shall report important developments to the Government.(c)The procedure for the preparation and prosecution of all the classes of conspiracy cases analysed in clause (a) above and of the gang cases is laid down in rules 17 and 18 at page 34, of the Legal Remembrancer's Manual.
