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Hem and his wife Tem entered into a sale agreement with Pem for selling their house, a joint property…

The stated joint plan and its implementation support criminal conspiracy. For this purpose, the definition of "illegal" in section 2(15) of the Bharatiya Nyaya Sanhita, 2023…

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Hem and his wife Tem entered into a sale agreement with Pem for selling their house, a joint property and received ₹50,000 as down payment. Subsequently, Hem told Tem that he has been approached by another buyer with a better price offer and they should return the amount of ₹50,000 to Pem and sell their house to the other buyer. Tem agreed to this and returned the amount to Pem who objected to the unlawful repudiation of the sale agreement. What offence, if any, has been committed by Hem and Tem?

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Correct answer A

The stated joint plan and its implementation support criminal conspiracy. For this purpose, the definition of "illegal" in section 2(15) of the Bharatiya Nyaya Sanhita, 2023 (formerly section 43 IPC) includes anything that furnishes ground for a civil action, and the proviso to section 61(1) (formerly section 120A IPC) requires an additional implementing act where the agreed object is not itself an offence. Tem's return of the deposit implements their agreed unlawful repudiation; the facts do not instead establish initial cheating or misappropriation of entrusted property.

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