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Under Section 61(1) of the Bharatiya Nyaya Sanhita, 2023, which agreement does not amount to criminal…

Section 61(1) concerns agreements by two or more persons to do an illegal act or to do a lawful act by illegal means. For an agreement to commit an offence, the agreement…

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Under Section 61(1) of the Bharatiya Nyaya Sanhita, 2023, which agreement does not amount to criminal conspiracy?

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Answer and explanation

Correct answer C

Section 61(1) concerns agreements by two or more persons to do an illegal act or to do a lawful act by illegal means. For an agreement to commit an offence, the agreement itself can be sufficient. Other agreements within the section require an act by at least one party in pursuance of the agreement. Section 2(15) uses illegal broadly enough to include conduct giving rise to civil action. Voluntarily bribing a public servant to induce improper performance of a public duty can constitute an offence under Section 8 of the Prevention of Corruption Act, 1988.

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Option A

The agreement has an illegal object and is followed by an act in pursuance of it.

Option B

The proviso to Section 61(1) does not require a further act where the agreement is to commit an offence.

Option C

This is a non-offence illegal object. The proviso requires a further act in pursuance of the agreement.

Option D

The agreement concerns committing a bribery offence, so the proviso does not require a further act.

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