To substantiate a charge of conspiracy the prosecution must prove the agreement between two or more persons to do an unlawful act or a lawful act by unlawful means. Such agreement may be proved by direct evidence or inferred from other proved facts but the inference of fact may be drawn only when the circumstances are such as to be incapable of any other reasonable interpretation.
Image Source: i.ytimg.com
Though, the law requires specific proof, but it is not always possible to give direct evidence about conspiracy. A conspiracy from its very nature is generally hatched up in secrecy. It is, therefore, extremely rare that direct evidence in proof of conspiracy can be forthcoming from wholly disinterested quarters or from utter strangers.
ADVERTISEMENTS:
But like other offences, criminal conspiracy can be proved by circumstantial evidence. Indeed, in most cases proof of conspiracy is largely inferential though the inference must be founded on solid facts. Surrounding circumstances and antecedent and subsequent conduct, among other factors constitute relevant material.
In Param Hans Yadav v. State of Bihar, the Supreme Court observed that in criminal conspiracy direct evidence is very difficult, so the prosecution may rely upon circumstantial evidence, a clear link has to be established and chain has to be completed, otherwise it would indeed be hazardous to accept a criminal conspiracy.