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Under the law of criminal conspiracy (Section 61(1) of the Bharatiya Nyaya Sanhita, 2023), where the…

Under the Proviso to Section 61(1) of the Bharatiya Nyaya Sanhita, 2023 (formerly the Proviso to Section 120A of the Indian Penal Code, 1860), 'no agreement except an…

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Under the law of criminal conspiracy (Section 61(1) of the Bharatiya Nyaya Sanhita, 2023), where the agreement is to commit an offence:

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Answer and explanation

Correct answer A

Under the Proviso to Section 61(1) of the Bharatiya Nyaya Sanhita, 2023 (formerly the Proviso to Section 120A of the Indian Penal Code, 1860), 'no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof.' Consequently, where the agreement is to commit an offence, the mere agreement is made an offence even if no overt step is taken to carry out the agreement.

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Option A

Correct. Under the Proviso to Section 61(1) of the Bharatiya Nyaya Sanhita, 2023 (formerly the Proviso to Section 120A IPC), when the agreement is to commit an offence, the mere agreement itself constitutes a criminal conspiracy even if no overt act is done in pursuance thereof.

Option B

Incorrect. An overt act besides the agreement is required only when the agreement is to do an illegal act that is not an offence, or a non-illegal act by illegal means.

Option C

Incorrect. Criminal conspiracy is an inchoate and substantive offence in itself; completion of the target offence is not required.

Option D

Incorrect. Under Section 61(1) BNS (formerly Section 120A IPC), two or more persons suffice to form a criminal conspiracy; five or more persons are required for an unlawful assembly, not criminal conspiracy.

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