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Under the Bharatiya Nyaya Sanhita, 2023, A and B agree to steal a sealed exam booklet by dishonestly…

An agreement to commit an offence can constitute criminal conspiracy under section 61(1) without a further act. The plan here is to commit theft as described in section…

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Under the Bharatiya Nyaya Sanhita, 2023, A and B agree to steal a sealed exam booklet by dishonestly taking it out of the examination authority’s possession without consent. Neither instigates or aids the other, and neither takes any further step. What offence is complete on these facts?

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Answer and explanation

Correct answer A

An agreement to commit an offence can constitute criminal conspiracy under section 61(1) without a further act. The plan here is to commit theft as described in section 303(1).

Abetment by conspiracy under section 45(b) requires an act or illegal omission in pursuance of the conspiracy and toward the intended thing.

Option feedback

Option A

The agreement to commit theft is enough under section 61(1).

Option B

Section 45(b) requires an act or illegal omission in pursuance of the abetting conspiracy and toward the intended thing.

Option C

Section 3(5) requires a criminal act done in furtherance of common intention. No joint act carrying out the planned theft occurred.

Option D

Section 189 requires an assembly of five or more persons.

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