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K. G. Kannabiran

In: Challenging the Rule(s) of Law: Colonialism, Criminology and Human Rights in India

Chapter 16: Conspiracies of Association: Associational Offences, Associational Freedoms and the Rule of Law

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Conspiracies of Association: Associational Offences, Associational Freedoms and the Rule of Law
Conspiracies of association: Associational offences, associational freedoms and the rule of law
K.G.Kannabiran
Understanding Conspiracy

Conspiracy, as the definition itself suggests, directly trenches upon the associational freedoms of speech, association and assembly, and the crime of conspiracy has been extensively used in political trials. As an offence per se, it dispenses with the requirement of an overt act. The issue in a conspiracy trial is not manifest criminality,

…but the classic concern in the theory of subjective criminality, namely the demonstration ‘that the conspiracy is at work…(and not) a project still resting solely in the minds of the conspirators…. In line with the pattern of subjective criminality, acts ‘innocent’ …in themselves, such as mailing a letter, or ...

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