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Under the Bharatiya Nyaya Sanhita, 2023, which of the following statements are correct in relation to…

Statement 1 matches BNS s.61(1)'s definition of conspiracy, and statement 2 matches its proviso making an agreement to commit an offence itself conspiracy even without any…

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Under the Bharatiya Nyaya Sanhita, 2023, which of the following statements are correct in relation to criminal conspiracy?
1. When two or more persons agree to do an unlawful act by an unlawful means then they will be guilty of criminal conspiracy
2. Several persons agreed to commit an "offence" but nothing was done in pursuance of the agreement
3. When two or more persons agree to do a lawful act in lawful manner by lawful means but an overt act is done by one of them
4. Criminal conspiracy to commit an offence punishable with fine alone will not entail any liability

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Answer and explanation

Correct answer C

Statement 1 matches BNS s.61(1)'s definition of conspiracy, and statement 2 matches its proviso making an agreement to commit an offence itself conspiracy even without any act in pursuance; a lawful act by lawful means is never conspiracy, and s.61(2)(b) still punishes conspiracies to commit offences punishable with fine alone, so only statements 1 and 2 are correct.

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