Under the Bharatiya Nyaya Sanhita, 2023, which one of the following statements is not correct? Criminal…
Under Section 61(1) of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 120A of the Indian Penal Code, 1860), a criminal conspiracy is constituted when two or more…
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Under the Bharatiya Nyaya Sanhita, 2023, which one of the following statements is not correct? Criminal conspiracy requires:
Answer and explanation
Correct answer D
Under Section 61(1) of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 120A of the Indian Penal Code, 1860), a criminal conspiracy is constituted when two or more persons agree with the common object to do, or cause to be done, either an illegal act, or an act which is not illegal by illegal means. An agreement to do a lawful act by lawful means does not amount to criminal conspiracy, so a broad statement that it covers “doing an act which may be an offence or not” (without requiring illegality of the act or means) is not correct.
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