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Under section 61(1) of the Bharatiya Nyaya Sanhita, 2023, what is the minimum number of people who must…

Section 61(1) requires two or more people to agree, with a common object, to do or cause an illegal act or to do a lawful act by illegal means. An agreement to commit an…

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Under section 61(1) of the Bharatiya Nyaya Sanhita, 2023, what is the minimum number of people who must agree with a common object for a criminal conspiracy?

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Answer and explanation

Correct answer B

Section 61(1) requires two or more people to agree, with a common object, to do or cause an illegal act or to do a lawful act by illegal means. An agreement to commit an offence is sufficient. For other agreements, at least one party must also do an act in furtherance of the agreement.

Five is the minimum for unlawful assembly under section 189(1) and for dacoity under section 310(1), which have different elements.

Option feedback

Option A

A conspiracy requires an agreement between at least two people.

Option B

Section 61(1) sets the minimum at two people.

Option C

Section 61(1) sets a lower threshold. Five is the minimum for unlawful assembly or dacoity.

Option D

Section 61(1) sets the minimum at two people.

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