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A, B and C agree to procure D to steal M’s jewellery. They persuade D, who knowingly joins their plan…

Section 61 makes an agreement to commit an offence a criminal conspiracy without requiring a further act. A, B and C agree to procure the theft, and D knowingly joins their…

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A, B and C agree to procure D to steal M’s jewellery. They persuade D, who knowingly joins their plan and sets out to carry it out. Under section 61 of the Bharatiya Nyaya Sanhita, 2023, who are parties to the criminal conspiracy?

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Answer and explanation

Correct answer B

Section 61 makes an agreement to commit an offence a criminal conspiracy without requiring a further act. A, B and C agree to procure the theft, and D knowingly joins their plan. D’s not yet having attempted or completed the theft does not prevent conspiracy liability.

Option feedback

Option A

D knowingly joined the criminal agreement and cannot be excluded.

Option B

All four knowingly agree to the theft; agreement to commit an offence suffices.

Option C

The original three agreed to the theft plan as well.

Option D

For an agreement to commit an offence, the proviso does not require an additional act, much less completed theft.

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