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X and Y agree to murder Z by poisoning. Y is to obtain poison but does nothing, and neither conspirator…

Section 61(1) permits the agreement alone to complete the conspiracy where its object is commission of an offence. Abetment by conspiracy under section 45(b) requires an act…

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X and Y agree to murder Z by poisoning. Y is to obtain poison but does nothing, and neither conspirator takes any further step. What offence is complete under the Bharatiya Nyaya Sanhita, 2023?

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Answer and explanation

Correct answer D

Section 61(1) permits the agreement alone to complete the conspiracy where its object is commission of an offence.

Abetment by conspiracy under section 45(b) requires an act or illegal omission in pursuance of the conspiracy and directed to doing the thing agreed.

Option feedback

Option A

Abetment by conspiracy requires an act or illegal omission in pursuance of the conspiracy and directed to carrying it out. Neither is stated.

Option B

There is no act towards carrying out the poisoning. Common intention does not substitute for the required criminal act or attempt.

Option C

The agreement is to commit an offence. The proviso in section 61(1) therefore does not require a further act.

Option D

The agreement to commit murder completes criminal conspiracy under section 61(1), even though Y never obtained poison.

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