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In the context of the Bharatiya Nyaya Sanhita, 2023, read Assertion I and Reason II and point out the…

Under Section 61(1) of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 120A of the Indian Penal Code, 1860), criminal conspiracy is an agreement between two or more…

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In the context of the Bharatiya Nyaya Sanhita, 2023, read Assertion I and Reason II and point out the correct explanation:

Assertion I: To establish a charge of conspiracy, knowledge about indulgence in either an illegal act or a legal act by illegal means is necessary.

Reason II: The normal rule is that a particular unlawful use being intended has to be inferred from the chain of actions.

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Answer and explanation

Correct answer A

Under Section 61(1) of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 120A of the Indian Penal Code, 1860), criminal conspiracy is an agreement between two or more persons to do or cause to be done an illegal act, or an act which is not illegal by illegal means. As held by the Supreme Court in State of Maharashtra v. Som Nath Thapa, (1996) 4 SCC 659, establishing a charge of conspiracy requires showing knowledge of indulgence in either an illegal act or a legal act by illegal means. Because conspiracies are hatched in secrecy and direct evidence is rarely available, the intent to put an act, good, or service to an unlawful use must ordinarily be inferred from the chain of actions and surrounding circumstances, making Reason II the correct explanation of Assertion I.

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