BNS: - CH - 4 OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT

CHAPTER IV

OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT

OF ABETMENT

45. ABETMENT OF A THING

A person abets the doing of a thing, who—

a. instigates any person to do that thing; or

b. engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or

c. intentionally aids, by any act or illegal omission, the doing of that thing.

EXPLANATION 1: —

A person who, by willful misrepresentation, or by willful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing.

ILLUSTRATION

A, a public officer, is authorised by a warrant from a Court to apprehend Z. B, knowing that fact and also that C is not Z, willfully represents to A that C is Z, and thereby intentionally causes A to apprehend C. Here B abets by instigation the apprehension of C.

EXPLANATION 2: —

Whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act.

A, a police officer, has a warrant of arrest for B. He asks C as to the identity of B. C knowingly tells A that P is B and consequently A arrests P. C is guilty of:

(a) abetment by aiding

(b) abetment by instigation

(c) abetment by false representation

(d) abetment of mischief

Ans. (b)

Consider the following statements: Abetment is constituted by:

1. instigating a person to commit an offence.

2. engaging in a conspiracy to commit it.

3. intentionally aiding a person to commit it.

Which of the statements given above are correct?

(a) 1, 2 and 3

(b) 1 and 2 only

(c) 2 and 3 only

(d) 1 and 3 only

Ans. (a)

'A's illegal marriage with 'B' was performed by a priest ^/P' knowing that the marriage was illegal, because 'A' was already married. A's father 'C' and two other persons 'D' and 'N' were present at the time of marriage. In this case:—

(a) 'C', 'D' and 'N' are liable for abetment

(b) Only A's father 'C' is liable for abetment

(d) Only the priest 'P' is liable for abetting the offence of bigamy

Ans.(c)

'A' asks his servant to beat 'B'. The servant did so. 'A' is guilty of:

(a) criminal conspiracy

(b) criminal assault

(d) criminal conspiracy assault, as well as abetment

Ans. (c)

A, a priest, knowingly officiates a bigamous marriage. A is guilty of:

(a) Conspiracy

(b) Abetment by instigation

(d) Abetment by intentional aiding

Ans.(d)

Abetment under Section 45 of BNS can be constituted by:

(a) Instigation

(b) Conspiracy

(d) All of these

Ans.(d)

A lets out his premises to B, a police officer, with the knowledge that B will torture there C, an accused in a case. B tortures C in those premises. A is:

(a) not guilty of any offence under BNS

(b) guilty of abetment

(d) guilty of attempt to commit offence

Ans.(b)

A instigates B to kill C by means of a letter sent through post. The abetment by instigation is complete:

(a) as soon as the letter reaches the addressee

(b) as soon as the abettor -posts the letter to the addressee

(d) even if the letter was sent at a wrong address

Ans. (c)

A, a public servant is authorized by warrant from court of justice to apprehend Z. B. knowing that fact and also that C is not Z, wilfuly represents to A that C is Z and thereby causes A to apprehend C. How does B abet?

(a) By way of instigation

(b) By way of conspiracy

(c) By way of aiding

(d) By way of supporting

Ans. (a)

What is the basic difference between an offence of abetment by conspiracy and the offence of criminal conspiracy?

(a) In case of conspiracy, mere agreement is enough whereas in case of abetment by conspiracy an act should have taken place in pursuance of Conspiracy

(b) There is no difference at all

(c) In case of conspiracy, an act should also have taken place, but in case of abetment by conspiracy, no act needs to have taken place

(d) In case of abetment by conspiracy, there need not be an agreement whereas in case of criminal conspiracy, agreement is essential

Ans. (a)

Consider the following statements:

A person abets the doing of a thing, who:

1. instigates any person to do that thing.

2. intentionally aids, by any act or illegal omission, the doing of that thing.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(d) Neither 1 nor 2

Ans. (c)

For abetment by conspiracy:

(a) a mere agreement between two or more persons to do an unlawful act is enough

(b) some act or illegal omission must take place in pursuance of an engagement between two or more persons to do an unlawful act

(d) one person must instigate the other for the commission of an offence

Ans. (b)

Which one of the following statements correctly defines abetment?

(a) The principal accused must have the same intention as that of the abettor

(b) The liability of the abettor is dependent on the liability of the principal accused

(d) The abettor has wilfully misrepresented a fact to someone and caused an offence committed by the later

Ans. (c)

The abetment of offence is completed as soon:

(a) the offence abetted has been committed

(b) the abettor has incited another person to commit an offence

(d) all the above acts have been place

Ans. (b)

'X' committed theft in a Government building 'Z' a Chowkidar of the building, kept the gate of the building open with the intention of facilitate X's safe retreat with the stolen property and thereby facilitated his retreat. Which one of the following statement is correct? Z' is:

(a) guilty of abetment of theft by intentional aiding

(b) guilty of they by instigation

(d) guilty of theft

Ans. (a)

‘A’ entered into an agreement with 'B' to obtain undue favour from a member of the Government on the promise that 'A' will pay Rupees one lakh to ^/B' who will deliver the same to that member. A paid the amount to 'B' who in turn paid it to 'C', a member of Government for the said purpose as reward, 'C' subsequently refused to do any favour. On the basis of the above facts:

(a) 'B' alone is responsible for his actions

(b) both 'B' and 'A' are liable as there was an abetment by conspiracy

(d) ‘A’ has no ground to bring prosecution against “C, because at the time of agreement C's name was not known to 'B'

Ans. (b)

‘B’ hires a hammer and a chisel from ^‘A'. There after with these instruments he breaks into the house of ‘C and commits a theft there. A' is charged with the offence of abetment. In the case:

(a) 'A' supplied the instruments for commission of the crime and hence is liable

(b) A' received money for supplying the instruments of the crime (motive) and hence is liable

(d) A' has joint liability

Ans.(c)

'X' and ‘Y agreed to commit murder of ‘Z' by poisoning and ‘Y was to procure poison, but he did not procure'it. 'X' and 'Y are guilty of:

(a) Abetment of murder by conspiracy

(b) Attempt to murder with the aid of Section 3(5)

(d) Criminal conspiracy to murder, Z

Ans.(a)

Abetment to an offence is not constituted by:

(a) conspiracy

(b) aiding

(d) instigation

Ans (c)

Abetment under Section 45 of the BNS can be constituted by:

(a) instigation

(b) conspiracy

(d) all of the above

Ans.(d)

Point out incorrect response.

The following are modes of abetment:

(a) Instigation

(b) Engaging in conspiracy

(d) All of the above

Ans. (d)

The offence of 'abetment' is constituted by:

(a) aiding

(b) conspiring

(b) All the above

Ans. (d)

Abetment by aid requires:

(a) active aiding

(b) passive aiding

(d) none of these

Ans, (c)

Which one of the following acts is not a mode of abetment under the BNS?

(a) Instigation

(b) Aiding

(d) An attempt

Ans.(d)

Under Bhartiya Nyaya Sanhita, 2023, which ingredient is not necessary to constitute an offence of abetment:

(a) Conspiracy

(b) Intentional aid

(d) Act abetted should be committed

Ans. (d)

Which one of the following is not a mode of abetment under Bhartiya Nyaya Sanhita, 2023?

(a) Attempt

(b) Instigation

(c) Aiding

(d) Conspiracy

Ans. (a)

46. A BETTOR

A person abets an offence, who abets either the commission of an offence, or the commission of an act which would be an offence, if committed by a person capable by law of committing an offence with the same intention or knowledge as that of the abettor

EXPLANATION 1: —

The abetment of the illegal omission of an act may amount to an offence although the abettor may not himself be bound to do that act

EXPLANATION 2: —

To constitute the offence of abetment it is not necessary that the act abetted should be committed, or that the effect requisite to constitute the offence should be caused.

ILLUSTRATIONS

a. A instigates B to murder C. B refuses to do so. A is guilty of abetting B to commit murder

b. A instigates B to murder D. B in pursuance of the instigation stabs D. D recovers from the wound. A is guilty of instigating B to commit murder

EXPLANATION 3: —

It is not necessary that the person abetted should be capable by law of committing an offence, or that he should have the same guilty intention or knowledge as that of the abettor, or any guilty intention or knowledge.

ILLUSTRATIONS

a. A, with a guilty intention, abets a child or a person of unsound mind to commit an act which would be an offence, if committed by a person capable by law of committing an offence, and having the same intention as A. Here A, whether the act be committed or not, is guilty of abetting an offence

b. A, with the intention of murdering Z, instigates B, a child under seven years of age, to do an act which causes Z’s death. B, in consequence of the abetment, does the act in the absence of A and thereby causes Z’s death. Here, though B was not capable by law of committing an offence, A is liable to be punished in the same manner as if B had been capable by law of committing an offence, and had committed murder, and he is therefore subject to the punishment of death.

c. A instigates B to set fire to a dwelling-house. B, in consequence of his unsoundness of mind, being incapable of knowing the nature of the act, or that he is doing what is wrong or contrary to law, sets fire to the house in consequence of A’s instigation. B has committed no offence, but A is guilty of abetting the offence of setting fire to a dwelling-house, and is liable to the punishment provided for that offence

d. A, intending to cause a theft to be committed, instigates B to take property belonging to Z out of Z’s possession. A induces B to believe that the property belongs to A. B takes the property out of Z’s possession, in good faith, believing it to be A’s property. B, acting under this misconception, does not take dishonestly, and therefore does not commit theft. But A is guilty of abetting theft, and is liable to the same punishment as if B had committed theft.

EXPLANATION 4: —

The abetment of an offence being an offence, the abetment of such an abetment is also an offence.

ILLUSTRATION

A instigates B to instigate C to murder Z. B accordingly instigates C to murder Z, and C commits that offence in consequence of B’s instigation. B is liable to be punished for his offence with the punishment for murder; and, as A instigated B to commit the offence, A is also liable to the same punishment.

EXPLANATION 5: —

It is not necessary to the commission of the offence of abetment by conspiracy that the abettor should concert the offence with the person who commits it. It is sufficient if he engages in the conspiracy in pursuance of which the offence is committed.

ILLUSTRATION

A Concerts with B a plan for poisoning Z. It is agreed that A shall administer the poison. B then explains the plan to C mentioning that a third person is to administer the poison, but without mentioning A’s name. C agrees to procure the poison, and procures and delivers it to B for the purpose of its being used in the manner explained. A administers the poison; Z dies in consequence. Here, though A and C have not conspired together, yet C has been engaged in the conspiracy in pursuance of which Z has been murdered. C has therefore committed the offence defined in this section and is liable to the punishment for murder.

Abettor is a person:

(a) who commits the offence

(b) who instigates the commission of offence

(d) who is innocent

Ans. (b)

Under Bhartiya Nyaya Sanhita, 2023, abetment is constituted:

(a) by instigating a person to commit an offence

(b) by engaging in a conspiracy to commit an offence

(d) all of the above

Ans. (d)

If a person instigates, intentionally aids or engages another person to do a thing he is said to have:

(a) Abetted such another person

(b) Conspired with that person

(d) Designed commission of offence

Ans. (a)

Consider the following statements:

1.'A' wilfully by a misrepresentation misled a police officer to arrest 'B' instead of 'C'

2. 'A' instigates 'B' to murder 'C', 'B' refuses to do so

3. 'A' instigates 'B' to murder 'D', 'B' stabs 'D'. 'D' survives from wound

Which of the above constitute the offence of abetment?

(a) (1), (2) and (3)

(b) (1) and (3) only

(d) (1) and (2) only

Ans. (a)

The principle of proximity of crime under criminal law is irrelevant, while deciding the liability for the offence of

(a) theft and dacoity

(b) culpable homicide and murder

(d) abatement and conspiracy

Ans. (d)

A instigates B to murder C. B refuses to do so. A is guilty of which one of the following?

(a) Criminal conspiracy

(b) Abetment to attempt of murder

(d) No offence

Ans. (c)

B, a man of unsound mind, sets fire to a dwelling house on A's instigation. Here, B is exempted from criminal liability (Section 22, BNS), but A is guilty of abetting mischief by fire with intent to destroy the house. The principle for this criminal liability may be explained by which one of the following explanations?

(a) The abetment of an offence being an offence, the abetment of such an abetment is also an offence

(b) The person who has been instigated to commit an offence may not be liable under criminal law for his act because of his being of unsound mind at the time of committing the offence but the abetment to commit mischief by fire being an offence, abetment of such offence incurs liability

(d) It is not necessary to the commission of the offence by conspiracy that the abettor should work in concert with the person who commits it

Ans. (b)

Abetment is complete as soon as:

(a) The abetter has incited another to commit an offence

(b) The person instigated has done some overt act towards the commission of the offence

(d) Both (b) and (c) above

Ans. (a)

'X' with intention of murdering 'Z', instigates 'Y, a child below 7 years, to do an act which causes 'Z's death. 'Y in the absence of 'X' in consequence of abetment does the act and thereby causes 'Z's death. Now

(a) 'Y' is liable for murder and 'X' is liable for abetment

(b) 'Y' is not liable for murder being legally incapable, but 'X' is liable for abetment

(d) 'X' and 'Y' both liable for criminal conspiracy to murder of 'Z‘.

Ans. (b)

A instigates B to murder C. However, B refuses to do so. The status of A is:

(a) A is guilty of abetting B by aiding

(b) A is guilty of abetting B by conspiracy

(c)A is guilty of abetting of B by instigation '

(d) A is not guilty of abetting B

Ans.. (c)

X instigates Z to murder Y. Z stabbed Y but Y recovers from the wound:

(a) X is not guilty of abetinent as desired result not obtained

(b) X is guilty of abetment to commit grievous hurt

(d) None of these

Ans. (c)

Which of the following is not necessary to constitute abetment by conspiracy?

(a) A conspiracy between two or more persons

(b) An act or illegal omission must take place in pursuance of that conspiracy

(d) The abettor should concert the offence with the person who commits it

Ans. (d)

A abets B to commit a theft from the house of C, B finding an opportunity picks C's pocket while C was travelling by a bus. Give the Correct answer:

(a )A is responsible for abetment of . theft

(b) A is not responsible for abetment of picking of pocket

(d) All the above are correct

Ans. (c)

The abetment of an abetment is an offence in Bhartiya Nyaya Sanhita, 2023 under:

(a) Section 45

(b) Section 46

(d) Section 50

Ans.(b)

X instigates Y to murder Z. Y refuses to do so. X is guilty of:

(a) abetting Y to commit murder

(b) attempt to commit murder

(d) no offence

Ans. (a)

A instigates B to kill C. B refuses to do so. A is:

(a) guilty of abetment

(b) not guilty of abetment

(d) None of the above

Ans. (c)

Which one of the following statements is not correct?

(a) Abetment of an abetment is not an offence

(b) Abetment of illegal omission may be an offence

(d) The person abetted need not be capable by law of committing an offence

Ans. (a)

X instigates Y to murder Z, Y in pursuance of the instigation stabs Z. Z recovers from the wound. Which one of the following is the liability of X?

(a) Since essentials to constitute an offence of abetment are not fulfilled, X is not guilty of instigating to commit murder

(b) Z is alive and hence X is not guilty of instigating to commit murder

(c) X is guilty of instigating Y to commit murder even if Z recovers and does not die

(d) Since death of Z does not ensure, the criminal liability, if any, will be that of only Y

Ans. (c)

Consider the following statements:

To constitute abetment it is:

1. necessary that the act abetted must be committed.

2. not necessary that the act abetted must be committed.

3. necessary that the person abetted must have the same intention or knowledge as that of the abettor.

Which of the statement given above represent(s) the correct position of law?

(a) 2 only

(b) 2 and 3

(c) 1 only

(d) 3 only

Ans. (a)

A instigates his six-years old daughter B to take away from C, a purse containing Rs. 1500. In this case which one of the following statements is correct?

(a) B commits theft and A abets theft

(b) A commits no offence but B commits theft

(c) Both A and B commit no offence

(d) B does not commit any offence but A commits abetment of theft

Ans. (d)

A, intending to cause theft instigates B, to take property belonging to Z out of Z's possession. A induces B to believe that the property belongs to A. B takes the property out of Z's possession in good faith, believing it to be A's property. With reference to the above statement.

Assertion (A): A is guilty of abetment of theft even if B is innocent.

Reason (R): Liability of abettor is not dependent on the liability of the principal accused.

Codes:

(a) Both A and R are true and R is the correct explanation of A

(b) Both A and R are true but R is not a correct explanation of A

(c) A is true but R is false

(d) A is false but R is true

Ans. (a)

Which one of the following statements is true in relation to the offence of abetment?

(a) It is not necessary that the offence for which abetment is alleged should have been committed

(b) Unless an offence is successfully committed, there's no question of abetment

(c) For the offence of the abetment to be established, the a better should have been proved to have done something at the time of commission of the offence itself to help its commission

(d) 'A' returns a licensed weapon belonging to 'B' on his demand with which 'B' commits a murder 'A' is liable for abetment

Ans. (a)

'X' instigates 'Y' to commit murder of 'Z', 'Y in consequence stabs 'Z' but 'Z' survives the wound. 'X' is guilty of:

(a) murder

(b) attempt to murder

(d) abetment of murder

Ans. (d)

'A' Instigates 'B' to murder 'C who refuses to do so. 'A' is guilty of:

(a) no offence

(b) abetment to commit murder

(d) criminal instigation

Ans.(b)

For the offence of abetment:

(a) it is necessary that the act abetted should be committed successfully

(b) it is necessary that the act abetted should be committed though unsuccessfully

(d) none of the above

Ans.(c)

'A' instigates a 5 years old child namely 'B' to steal a diamond ring. Consequently 'B' does so. In this case:

(a) 'A' commits no offence but 'B' commits theft

(b) Both 'A' and 'B' commit theft

(d) 'A' and 'B' both have committed no offence because 'B' is below 7 years and has not committed any offence and as 'B' does not commit any offence, the question of abetment does not arise.

Ans. (c)

For abetment:

(a) It is necessary that the act abetted should be committed successfully

(b) It is necessary that the act abetted should be committed though unsuccessfully

(d) Both (a) & (b)

Ans. (c)

A instigates B to instigate C to murder Z. B accordingly instigates C to murder Z, and C commits that offence in consequence of B's instigation. Which one of the following would be the correct statement

(a) only B is guilty of abetment as A did not directly instigate C to murder Z.

(b) both A and B will be guilty as the abetment of abetment is also an offence.

(d) neither A nor B can be fastened with criminal liability for abetment.

Ans. (b)

A instigates B, a person of unsound mind, to set fire to a dwelling house. B, incapable of knowing the nature of the act that he is doing what is wrong or contrary to law sets fire to the house in consequence of A's instigation. Which one of the following statements legally correct?

(a) since B is incapable of committing offence, A is also not guilty.

(b) B has committed no offence but A is guilty of abetting the offence.

(d) only B is guilty.

Ans. (b)

A instigates B to murder C. B refuses to do so. Which one of the following is the liability of A?

(a) since essential to constitute an offence of abatement are not fulfilled, A is not guilty of instigating B to murder C.

(b) the refusal of B to act on the instigation of A, puts an end to the matter and A is not guilty of any abatement.

(c) A is guilty of abetting B to commit murder as to constitute abatement it is not necessary that the act abetted should be committed.

(d) since the offence was not committed there can be no abatement for an offence which is not committed. Hence A is not liable.

Ans. (c)

Abetment of an offence is

(a) always an offence

(b) never an offence

(c) may be an offence depending upon the circumstances but not always

(d) may not be an offence depending upon the circumstances of the case

Ans. (a)

'A' instigates 'B' to instigate 'C' to murder 'Z', 'B' accordingly instigates 'C' to murder 'Z' and 'C' Commits that offence in consequence of B's instigation A is:

(a) Not guilty of any offence

(b) Not guilty of abetting murder

(c) Guilty of abetment by conspiracy

(d) Guilty of abetting murder

Ans. (d)

'A' instigates 'B' to give false evidence. Here, if 'B' does not give false evidence, what offence 'A' has committed?

(a) 'A' is guilty of no offence

(b) Attempt to give false evidence

(c) Offence punishable with imprisonment of any description provided for that offence for a term which may extend to one-eighth part of the longest term provided for that offence and with fine

(d) None of the above

Ans. (d)

Which one of the following statements is not correct?

(a) Abetment of an abetment is not an offence

(b) Abetment of illegal omission may be an offence

(c) To constitute the offence of abetment the effect requisite to constitute the offence need not be caused

(d) The person abetted need not be capable by law of committing an offence

Ans. (a)

A instigates B to murder C. B refuses to do so:

(a) A has not committed any offence

(b) A is guilty of abetting B to commit murder

(c) A has committed an offence of attempt to murder

(d) A has committed offence of criminal conspiracy

Ans. (b)

'A' instigates ‘B’ to instigate 'C' to murder 'Z'. 'B' accordingly instigate 'C' to murder 'Z' and ‘C commits that offence in consequence of ‘B's instigation. 'A' is:

(a) Not guilty of any offence

(b) Not guilty of abetting murder

(c) Guilty of abetment by conspiracy

(d) Guilty of abetting murder

Ans. (d)

A instigates B to murder C. B refuses to do so:

(a) B is guilty of abetment

(b) A is guilty of abetment of murder

(c) A and B both are guilty of abetment

(d) None of the above

Ans. (a)

'A' allows an illegal marriage to be solemnized by 'B' a priest in his house. Here:

(a) 'B' is liable for abetting the offence

(b) 'A' is liable for abetment

(c) Both 'A' and 'B' are liable for abetment

(d) None of these

Ans. (c)

The abetment of abetment is an offence. It can be directly deducible from:

(a) Section 45, BNS

(b) Section 46, BNS

(d) Section 50, BNS

Ans.(b)

'A' with guilty intention abets 'P' a

child of six years to commit theft in 'B's house. The act is not committed. Here'A'is:

(a) Guilty of theft

(b) Guilty of no offence

(d) Guilty of attempt to commit theft

Ans. (c)

B with the intent of temporarily use W's money and later on return it, instructs C, his six years old son, to take away W's purse containing Rs. 20,000 without W's consent. C carried out the instructions. The criminal liability in this case is:-

(a) C is guilty of theft and B of abetment to commit theft

(b) B does not commit any offence but C commits theft

(d) B is guilty of abetment of theft and C is not guilty of any offence

Ans. (d)

For abetment:

(a) it is necessary that the person abetted should be capable of committing an offence under the law

(b) it is necessary that the person abetted should have the same guilty intention

(c) it is not necessary that the person abetted should be capable of committing an offence under the law or should have the same guilty intention

(d) none of the above

Ans. (c)

Under Bhartiya Nyaya Sanhita, 2023, there can be abetment to:

(a) A person of unsound mind

(b) An infant

(d) Neither (a) nor '(b)

Ans. (c)

Which one of the following statements is correct?

(a) Abetment of an offence is an inchoate offence

(b) Abetment of an offence is a continuing offence

(d) Abetment of an offence is an offence - depending upon circumstances of the case

Ans. (c)

Abatement of an offence is:

(a) Always an offence

(b) May be an offence depending on the circumstances but not always

(d) May not be an offence depending on the circumstances

Ans. (a)

Consider the following statements.

To constitute abetment, it is:

(a) necessary that the act abetted must be committed.

(b) not necessary that the act abetted must be committed.

Which of the statements given above represent(s) the correct position of law?

(a) Only (b)

(b) Both (b) and (c)

(d) Only (c)

Ans. (a)

A priest who solemnised an illegal marriage intentionally and thereby facilitated such marriage, is liable for abetment by:

(a) Instigation

(b) Conspiracy

(d) None of the above

Ans. (c)

A abets B to assault C, B murder C:

(a) A is liable for abetment of assaulting C

(b) A is liable for abetment of assaulting and murdering C

(d) A is liable for murder

Ans. (a)

Under Bhartiya Nyaya Sanhita, 2023, which of the statement represents the correct position of law? To constitute abetment it is:

(a) necessary that the act abetted must be committed

(b) not necessary that the act abetted must be committed.

(d) None of these

Ans. (b)

'A' instigates 'B' to instigate 'C' to murder 'Z'. Accordingly. 'B' instigated 'C and 'C' committed murder of Z. Who will be liable for Punishment?

(a) Only 'C

(b) Only 'B'

(d) "A’, 'B' and ‘C

Ans. (d)

'X' with the intention of causing death of 'Y instigates a child below 7 years of age to mix poison in the food of ‘Y in the absence of 'X'. 'Y takes the food and dies. What is 'X' guilty of?

(a) No offence

(b) Abetment of murder

(d) Culpable homicide not amounting to murder

Ans. (c)

'A' instigates 'B' to murder 'C'. 'B' refuses to do so. 'A' is guilty of:

(a) Abetting ‘B’ to commit murder

(b) Criminal conspiracy

(d) No offence

Ans.(a)

'A' instigates TT to instigate ‘C to murder ‘Z'. 'B' accordingly instigates 'C to murder 'Z' and ^/C' commits that offence in consequence of B's instigation, 'A' is:

(a) not guilty of any offence

(b) not guilty of abetting murder

(d) guilty of abetting murder

Ans. (d)

"A" in India instigates "B" a foreigner in Pakistan to commit a murder in Pakistan. “B" commits murder! In this case:

(a) 'A' is guilty of abetting murder

(b) 'A' is not guilty of any offence

(d) None of the above answer is correct

Ans.(b)

'A' instigate ‘B' to murder ‘C. B refuses to do so. A is guilty of:

(a) Murder

(b) Culpable homicide

(d) No offence

Ans. (c)

'A' instigates 'B' to murder ^/C'. 'B' refuses to do so. ‘A' is guilty of:

(a) No offence

(b) Abetment to commit murder

(d) Criminal conspiracy

Ans. (b)

‘A’ instigates 'B' to murder 'C'. 'B' refuses to do so. Which of the following statements is true in this context?

(a) 'A' is not guilty of abetment as the murder was not committed by 'B'.

(b) ‘A’ is guilty of abetment even if the murder was not committed by ‘B'.

(d) 'A' is not guilty of any offence under the IPC as no offence has been committed in this case.

Ans. (b)

Which of the following is/are true in the context of abetment? 'A' says to 'B' "I intend to kill 'C"'. 'B' says, "Do as you like". ‘A’ kills ‘C. 'B' is guilty of:

(a) abetment

(b) instigation

(d) none of the above

Ans. (d)

‘A’ instigates 'B' to murder ‘C who refuses to do so. 'A' is guilty of:

(a) Abetment to commit murder

(b) No offence

(d) Criminal instigation

Ans.(d)

A abets B to murder D. B in pursuance to the instigation stabs D. D recovers from the wound. In this case:

(a) A is liable for abetment of murder of D

(b) A is liable for abetment of attempt to murder D

(d) A is liable for no offence

Ans. (a)

Hari instigates Sachin to set fire to another's house. Before setting fire, Sachin commits theft in the house. What is the offence committed by Hari?

(a) No offence

(b) Abetment to the offence of setting fire only

(d) Being member of unlawful assembly

Ans. (b)

'A' instigates 'B' to bum the house of Z. B sets fire to the house and at the same time commits theft of the property there. Whether A is guilty of?

(a) abetting of theft

(b) abetting of burning of house

(d) None of the above

Ans. (b)

47. ABETMENT IN INDIA OF OFFENCES OUTSIDE INDIA

A person abets an offence within the meaning of this Sanhita who, in India, abets the commission of any act without and beyond India which would constitute an offence if committed in India.

ILLUSTRATION

A, in India, instigates B, a foreigner in country X, to commit a murder in that country, A is guilty of abetting murder.

A in India, instigates B, a foreigner in England to commit a murder in England. A is guilty of:

(a) murder

(b) abetting murder

(d) abetting criminal conspiracy

Ans. (b)

48. ABETMENT OUTSIDE INDIA FOR OFFENCE IN INDIA

A person abets an offence within the meaning of this Sanhita who, without and beyond India, abets the commission of any act in India which would constitute an offence if committed in India.

ILLUSTRATION

A, in country X, instigates B, to commit a murder in India, A is guilty of abetting murder.

49. PUNISHMENT OF ABETMENT IF ACT ABETTED IS COMMITTED IN CONSEQUENCE AND WHERE NO EXPRESS PROVISION IS MADE FOR ITS PUNISHMENT

Whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, and no express provision is made by this Sanhita for the punishment of such abetment, be punished with the punishment provided for the offence.

EXPLANATION: —

An act or offence is said to be committed in consequence of abetment, when it is committed in consequence of the instigation, or in pursuance of the conspiracy, or with the aid which constitutes the abetment.

ILLUSTRATIONS

A instigates B to give false evidence. B, in consequence of the instigation, commits that offence. A is guilty of abetting that offence, and is liable to the same punishment as B.

a. A and B conspire to poison Z. A, in pursuance of the conspiracy, procures the poison and delivers it to B in order that he may administer it to Z. B, in pursuance of the conspiracy, administers the poison to Z in A’s absence and thereby causes Z’s death. Here B is guilty of murder. A is guilty of abetting that offence by conspiracy, and is liable to the punishment for murder.

50. PUNISHMENT OF ABETMENT IF PERSON ABETTED DOES ACT WITH DIFFERENT INTENTION FROM THAT OF ABETTOR

Whoever abets the commission of an offence shall, if the person abetted does the act with a different intention or knowledge from that of the abettor, be punished with the punishment provided for the offence which would have been committed if the act had been done with the intention or knowledge of the abettor and with no other.

Which of the following statements are correct?

1. Abettor may be liable for a different offence than that for which principal is liable

2. Abettor is liable even if principal is innocent

3. Abettor's liability is dependent on the liability of the principal

4. Abettor must have the same guilty intention or knowledge as the principle

Select the correct answer using the codes given below:

Codes:

(a) 1 and 2

(b) 1, 3 and 4

(a) 2, 3 and 4

Ans. (a)

51. LIABILITY OF ABETTOR WHEN ONE ACT ABETTED AND DIFFERENT ACT DONE

When an act is abetted and a different act is done, the abettor is liable for the act done, in the same manner and to the same extent as if he had directly abetted it:

Provided that the act done was a probable consequence of the abetment, and was committed under the influence of the instigation, or with the aid or in pursuance of the conspiracy which constituted the abetment.

ILLUSTRATIONS

a. A instigates a child to put poison into the food of Z, and gives him poison for that purpose. The child, in consequence of the instigation, by mistake puts the poison into the food of Y, which is by the side of that of Z. Here, if the child was acting under the influence of A’s instigation, and the act done was under the circumstances a probable consequence of the abetment, A is liable in the same manner and to the same extent as if he had instigated the child to put the poison into the food of Y

b. A instigates B to burn Z’s house, B sets fire to the house and at the same time commits theft of property there. A, though guilty of abetting the burning of the house, is not guilty of abetting the theft; for the theft was a distinct act, and not a probable consequence of the burning.

c. A instigates B and C to break into an inhabited house at midnight for the purpose of robbery, and provides them with arms for that purpose. B and C break into the house, and being resisted by Z, one of the inmates, murder Z. Here, if that murder was the probable consequence of the abetment, A is liable to the punishment provided for murder.

A, with a certain criminal intention, abets B to commit an offence. B commits the said offence but with a different guilty mind. Which one of the following is the correct legal position?

(a) A is not guilty

(b) A's liability will depend on the circumstances of the case.

(d) A is guilty only if B is held guilty

Ans.(c)

When an act is abetted and a different act is done, the abettor is liable for the act:

(a) Abetted

(b) Abetted and committed

(d) None of the above

Ans. (c)

When an act is abetted and a different act is done by the person instigated, the abettor is liable for the act done in the same manner and to the same extent as if he had directly abetted it, provided:

(a) The act done was a probable consequence of the abetment irrespective of being committed under the influence of instigation

(b) The act was done with the aid or in pursuance of the conspiracy which constituted the abetment

(d) All of the above

Ans. (b)

52. ABETTOR WHEN LIABLE TO CUMULATIVE PUNISHMENT FOR ACT ABETTED AND FOR ACT DONE

If the act for which the abettor is liable under section 51 is committed in addition to the act abetted, and constitute a distinct offence, the abettor is liable to punishment for each of the offences.

ILLUSTRATION

A instigates B to resist by force a distress made by a public servant. B, in consequence, resists that distress. In offering the resistance, B voluntarily causes grievous hurt to the officer executing the distress. As B has committed both the offence of resisting the distress, and the offence of voluntarily causing grievous hurt, B is liable to punishment for both these offences; and, if A knew that B was likely voluntarily to cause grievous hurt in resisting the distress, A will also be liable to punishment for each of the offences.

A person himself does not commit an offence, he helps or aids another person, he is guilty of:

(a) Abetment

(b) Conspiracy

(d) None of these

Ans.(a)

53. LIABILITY OF ABETTOR FOR EFFECT CAUSED BY ACT ABETTED DIFFERENT FROM THAT INTENDED BY ABETTOR

When an act is abetted with the intention on the part of the abettor of causing a particular effect, and an act for which the abettor is liable in consequence of the abetment, causes a different effect from that intended by the abettor, the abettor is liable for the effect caused, in the same manner and to the same extent as if he had abetted the act with the intention of causing that effect, provided he knew that the act abetted was likely to cause that effect.

ILLUSTRATION

A instigates B to cause grievous hurt to Z. B, in consequence of the instigation, causes grievous hurt to Z. Z dies in consequence. Here, if A knew that the grievous hurt abetted was likely to cause death, A is liable to be punished with the punishment provided for murder

Which one of the following statements is not correct?

(a) Abetment can be committed by mere silence

(b) An abettor is liable for abetment even if the abetted act is not committed

(d) An abettor is liable for all the likely consequences of his abetment

Ans. (c)

54. ABETTOR PRESENT WHEN OFFENCE IS COMMITTED

Whenever any person, who is absent would be liable to be punished as an abettor, is present when the act or offence for which he would be punishable in consequence of the abetment is committed, he shall be deemed to have committed such act or offence.

'A' incites 'B' to beat 'C'. Subsequently 'A' reaches the place where 'B' is beating 'C'. ‘A’ is liable under:

(a) Section 3(5)

(b) Section 49

(d) Section 55

Ans. (c)

‘A’ abets 'B' to beat 'C'. Subsequently A' reaches the place where 'B' is beating 'C'. 'A' is liable under:

(a) Section 3(5)

(b) Section 49

(d) Section 72

Ans. (c)

P instigates Q to cause the death of R. P gives a gun to Q to shoot at R. Q shoots at JR in the presence of P causing R's death. Which one of the following statement is correct?

(a) Both P and Q are liable for criminal conspiracy

(b) Both P and Q are jointly liable “for the murder of R

(c) Q is liable for murder, P is only an abettor

(d) Only P is liable for criminal conspiracy

Ans. (b)

55. ABETMENT OF OFFENCE PUNISHABLE WITH DEATH OR IMPRISONMENT FOR LIFE

Whoever abets the commission of an offence punishable with death or imprisonment for life, shall, if that offence be not committed in consequence of the abetment, and no express provision is made under this Sanhita for the punishment of such abetment, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; and If any act for which the abettor is liable in consequence of the abetment, and which causes hurt to any person, is done, the abettor shall be liable to imprisonment of either description for a term which may extend to fourteen years, and shall also be liable to fine.

ILLUSTRATION

A instigates B to murder Z. The offence is not committed. If B had murdered Z, he would have been subject to the punishment of death or imprisonment for life. Therefore, A is liable to imprisonment for a term which may extend to seven years and also to a fine; and if any hurt be done to Z in consequence of the abetment, he will be liable to imprisonment for a term which may extend to fourteen years, and to fine.

56. ABETMENT OF OFFENCE PUNISHABLE WITH IMPRISONMENT

Whoever abets an offence punishable with imprisonment shall, if that offence be not committed in consequence of the abetment, and no express provision is made by this Sanhita for the punishment of such abetment, be punished with imprisonment of any description provided for that offence for a term which may extend to one-fourth part of the longest term provided for that offence; or with such fine as is provided for that offence, or with both; and If the abettor or the person abetted is a public servant, whose duty it is to prevent the commission of such offence, the abettor shall be punished with imprisonment of any description provided for that offence, for a term which may extend to one-half of the longest term provided for that offence, or with such fine as is provided for the offence, or with both.

ILLUSTRATIONS

a. A instigates B to give false evidence. Here, if B does not give false evidence, A has nevertheless committed the offence defined in this section, and is punishable accordingly.

b. A, a police-officer, whose duty it is to prevent robbery, abets the commission of robbery. Here, though the robbery be not committed, A is liable to one-half of the longest term of imprisonment provided for that offence, and also to fine.

c. B abets the commission of a robbery by A, a police-officer, whose duty it is to prevent that offence. Here, though the robbery be not committed, B is liable to one-half of the longest term of imprisonment provided for the offence of robbery, and also to fine.

57. ABETTING COMMISSION OF OFFENCE BY PUBLIC OR BY MORE THAN TEN PERSONS

Whoever abets the commission of an offence by the public generally or by any number or class of persons exceeding ten, shall be punished with imprisonment of either description for a term which may extend to seven years and with fine.

ILLUSTRATION

A affixes in a public place a placard instigating a sect consisting of more than ten members to meet at a certain time and place, for the purpose of attacking the members of an adverse sect, while engaged in a procession. A has committed the offence defined in this section.

58. CONCEALING DESIGN TO COMMIT OFFENCE PUNISHABLE WITH DEATH OR IMPRISONMENT FOR LIFE

Whoever intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with death or imprisonment for life, voluntarily conceals by any act or illegal omission, or by the use of encryption or any other information hiding tool, the existence of a design to commit such offence or makes any representation which he knows to be false respecting such design shall,––

a. if that offence be committed, be punished with imprisonment of either description for a term which may extend to seven years; or

b. if the offence be not committed, with imprisonment of either description, for a term which may extend to three years, and shall also be liable to fine.

ILLUSTRATION

A, knowing that dacoity is about to be committed at B, falsely informs the Magistrate that a dacoity is about to be committed at C, a place in an opposite direction, and thereby misleads the Magistrate with intent to facilitate the commission of the offence. The dacoity is committed at B in pursuance of the design. A is punishable under this section.

59. PUBLIC SERVANT CONCEALING DESIGN TO COMMIT OFFENCE WHICH IT IS HIS DUTY TO PREVENT

Whoever, being a public servant, intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence which it is his duty as such public servant to prevent, voluntarily conceals, by any act or illegal omission or by the use of encryption or any other information hiding tool, the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design shall, ––

a. if the offence be committed, be punished with imprisonment of any description provided for the offence, for a term which may extend to one-half of the longest term of such imprisonment, or with such fine as is provided for that offence, or with both; or

b. if the offence be punishable with death or imprisonment for life, with imprisonment of either description for a term which may extend to ten years; or

c. if the offence be not committed, shall be punished with imprisonment of any description provided for the offence for a term which may extend to one-fourth part of the longest term of such imprisonment or with such fine as is provided for the offence, or with both.

ILLUSTRATION

A, an officer of police, being legally bound to give information of all designs to commit robbery which may come to his knowledge, and knowing that B designs to commit robbery, omits to give such information, with intent to so facilitate the commission of that offence. Here A has by an illegal omission concealed the existence of B’s design, and is liable to punishment according to the provision of this section.

60. CONCEALING DESIGN TO COMMIT OFFENCE PUNISHABLE WITH IMPRISONMENT

Whoever, intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with imprisonment, voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design shall, ––

a. if the offence be committed, be punished with imprisonment of the description provided for the offence, for a term which may extend to one-fourth; and

b. if the offence be not committed, to one-eighth, of the longest term of such imprisonment, or with such fine as is provided for the offence, or with both.

OF CRIMINAL CONSPIRACY

61. CRIMINAL CONSPIRACY

1. When two or more persons agree with the common object to do, or cause to be done––

a. an illegal act; or

b. an act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy:

Provided that 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

EXPLANATION: —

It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object.

2. Whoever is a party to a criminal conspiracy, ––

a.to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Sanhita for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence;

b. other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment of either description for a term not exceeding six months, or with fine or with both.

'X' and 'V' agree to commit theft in Z's house but no theft is actually committed. They are guilty of:

(a) no offence

(b) criminal conspiracy

(d) abetment by instigation

Ans.(b)

In a conspiracy:

(a) all persons must commit an offence

(b) all persons must act simultaneously

(d) an agreement or consort is necessary

Ans.(d)

The gist of this offence is meeting of minds:

(a) Section 61(1)

(b) Section 70

(d) Section 240

Ans.(a)

In the case of conspiracy among X, Y and Z, prosecution produces a letter written by X to Z, after X and Y were arrested, directing him to conceal all relevant material lying with him. Is the letter relevant?

(a) It is relevant as it indicates a link between X, Y and Z

(b) It is not relevant as it is written after the conspiracy was over

(d) It is not relevant as Z has not taken part in the conspiracy

Ans. (b)

Which one of the following statements is not correct?

Criminal conspiracy requires

(a) an agreement between two or more persons

(b) doing of an illegal act

(d) doing an act which may be an offence or not

Ans. (d)

'X' and 'Y' agreed to commit murder of 'Z' by poisoning and 'Y was to procure poison, but he did not procure it. 'X' and 'Y are guilty of:

(a) abetment of murder by conspiracy

(b) attempt to murder with the aid of section 3(5) of Bhartiya Nyaya Sanhita, 2023

(d) criminal conspiracy to murder 'Z'

Ans. (d)

When two or more persons agree to do or cause to be done an illegal act, or an act which is not illegal, by illegal means, such an agreement is:

(a) designated as a criminal conspiracy

(b) designated as a criminal abetment

(d) none of the above

Ans. (a)

Under which provision of Bhartiya Nyaya Sanhita, 2023, punishment for 'Criminal Conspiracy' is given?

(a) Section 61(2)

(b) Section 124

(d) Section 121

Ans. (a)

A, B and C conspired to commit an offence. Later A and B abandon the plan, but C commits the same offence. When C was arrested, he also named A and B. In their defence A and B said that they have abandoned the idea and they did not take part in the crime. In this, who will be punished?

(a) No one could be punished for criminal conspiracy

(b) Only C could be punished

(d) None of the above

Ans. (c)

In which Section of the BNS, the definition of 'Criminal Conspiracy' is given?

(a) Section 60

(b) Section 61(1)

(d) Section 120

Ans. (b)

An agreement is designated a 'Criminal . Conspiracy', if:

(a) Two or more persons agree to do an illegal act

(b) Some illegal act is done by all parties to such agreement in pursuance thereof

(a) None of the above

Ans. (a)

Which of the following case is known as the Lamington Road Shooting Conspirac case?

(a) R. v. Blake and Tye

(b) In Re N. Ramaratnam

(d) Mirza Akbar v. King Emperor

Ans. (c)

The punishment under Section 61(2) of BNS is given only for those offences where such offence is punishable with:

(a) the rigorous imprisonment of 1 year or more.

(b) the simple imprisonment of 2 years or more.

(d) the simple imprisonment of 3 years or more.

Ans. (c)

'A' and 'B' agree to commit theft in 'C's house, but no theft is actually committed. They are guilty of:

(a) Criminal conspiracy

(b) Abetment by conspiracy

(d) No offence has been committed

Ans.(a)

In which one of the following cases will A and B be held guilty of criminal conspiracy even if no act is done by them?

(a) A and B agree to do an act that is prohibited by law.

(b) A and B agree to commit an offence

(d) A and B agree to do an unlawful act.

Ans (b)

What is not necessary to constitute an offence of criminal conspiracy?

(a) Two or more persons

(b) Five or more persons

(d) If act is not crime, to do some act in pursuance of agreement

Ans. (b)

What is the basic difference between an offence of abetment by conspiracy and the offence of criminal conspiracy?

(a) In case of conspiracy, mere agreement is enough whereas in case of abetment by conspiracy an act should have taken place in pursuance of conspiracy

(b) There is no difference at all

(c) In case of conspiracy, an act should also have taken place, but in case of abetment by conspiracy, no act: needs to have taken place

(d) In case of abetment by conspiracy, there need not be an agreement whereas in case of criminal conspiracy, agreement is essential

Ans. (a)

Which one of the following is the correct statement?

When two or more persons agree to do an illegal act or to do an act by illegal means, such an act amounts to:

(a) criminal indictment

(b) criminal conspiracy

(d) constructive liability

Ans.(b)

To constitute an offence of criminal conspiracy, what is the necessary condition to be proved?

(a) There must be a prior meeting of two or more persons

(b) There must be an agreement of two or more persons to do an illegal act or to do a legal act by illegal means

(d) Two or more persons commit a crime on a sudden provocation with guilty mind

Ans.(b)

Consider the following statements in respect of criminal conspiracy:

1. There has to be always an agreement to commit an offence

2. The agreement must be between two or more persons

3. Unlawful means always bemused

4. The agreement may be for any act prohibited by the law

Which of the statements given above is/are correct?

(a) 1 and 3

(b) 2 and 3

(d) 2 and 4

Ans. (d)

Criminal conspiracy is an agreement between two or more persons to:

(a) do or cause to be done an illegal act

(b) do or cause to be done an illegal act, or an act which is not illegal by illegal means

(d) commit an offence

Ans. (b)

Consider the following statements:

1. In conspiracy, it is in the fact of combination that the unlawfulness resides, combination to injure gives cause of action

2. Where the element of combination is absent, the motive is immaterial

3. Combination for legitimate promotion of their interests give no cause of action

Which of the above statements are correct?

(a) 1 and 2

(b) 2 and 3

(d) 1, 2 and 3

Ans. (d)

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 them

4. Criminal conspiracy to commit and offence punishable with fine alone will not entail any liability

Select the correct answer using the codes given below:

(a) 1, 3 and 4

(b) 2, 3 and 4

(d) 1, 2 and 3

Ans. (c)

The offence of criminal conspiracy lies not in doing the act of effecting the purposes for which the conspiracy is formed but in the forming of the scheme between the parties. A criminal conspiracy consists of:

(a) an intentional act of one person with the connivance of another

(b) an agreement of two or more ^; persons to do an unlawful act or a lawful act by unlawful means

(d) two or more persons inducing a minor to commit an offence

Ans. (b)

Which one of the following statements is correct?

(a) In conspiracy, there is no distinction between principal and accessory

(b) In conspiracy principal and accessory are distinct

(d) None of the above is correct

Ans. (a)

Which one of the following will amount to criminal conspiracy?

(a) Two or more persons agreed to commit a criminal act in furtherance of their common intention

(b) Intention of each of the accused persons is known to the rest of them and is shared

(d) Agreement to commit an offence even if no step is taken to carry out that agreement

Ans. (d)

Which one of the following does not amount to criminal conspiracy:

(a) an agreement to do an illegal act coupled with some act to carry out that agreement

(b) an agreement to commit an offence without doing any act to carry out that agreement

(d) mere agreement to pay bribe to a Public Servant

Ans. (d)

'A' and 'B' agreed to kill 'C' by giving him a soft drink laced with poison. But before they could do so they are apprehended. They would be guilty of:

(a) No crime

(b) Criminal attempt

(d) Criminal preparations

Ans. (c)

In a conspiracy:

(a) all persons must commit an offence

(b) all persons must act simultaneously

(d) an agreement or consort is necessary

Ans.(d)

For criminal conspiracy the minimum number of persons required is:

(a) seven

(b) five

(d) three

Ans. (c)

When two or more persons agree to do or cause to be done an illegal act, or an act which is not illegal, by illegal means, such an agreement is

(a) designated as a criminal conspiracy

(b) designated as a criminal abetment

(d) None of the above

Ans. (a)

To constitute a criminal conspiracy, there must be an agreement between:

(a) At least two persons

(b) At least five persons

(d) At least three persons

Ans. (a)

Which one of the following statements is not correct?

Criminal conspiracy requires:

(a) an agreement between two or more persons

(b) doing of an illegal act

(d) doing an act which may be an offence or not

Ans. (d)

'A', 'B' and ‘C decide amongst themselves to persuade 'D' to steal jewellery from the house of 'M' and they accordingly do so. 'D' readily agrees and sets out towards M's house in order to steal jewellery.

(a) 'A', 'B', and 'C' are liable for conspiracy to commit theft.

(b) ‘A', 'B', ‘C and 'D' are liable for criminal conspiracy.

(c) 'A', 'B' and 'C are liable for criminal conspiracy, but 'D' is not liable for any offence because his act only amounts to preparation.

(d) Both (a) and (c) are correct.

Ans. (b)

Which one of the following statements is correct?

(a) In conspiracy, there is no distinction between principal and accessory

(b) In conspiracy, principal and accessory are distinct

(d) None of the above is correct

Ans. (a)

’A', 'B' and 'C' plan to enter into a jewellery shop and commit theft at the shop. They collect the implements of housebreaking and go to the jewellery shop to execute their plan. On reaching there, they find a police patrol van stationed outside the shop and hence return. Their act amounts to:

(a) Attempt to commit housebreaking and theft

(b) Criminal conspiracy

(d) None of the above

Ans. (b)

For 'Criminal conspiracy', minimum number of persons required is:

(a) Two

(b) Five

(d) Ten

Ans. (a)

Which of the following statements is correct:

(a) in conspiracy, there is no distinction between principal and accessory

(b) in conspiracy, principal and accessory are distinct

(d) None of the above is correct

Ans. (a)

Which is/are the leading cases on 'Conspiracy'?

(a) Fakruddin v. The State of M.P.

(b) Hussain Umar v. Dalip Singh

(d) All of the above

Ans. (c)

An' act of criminal conspiracy is committed when persons agree to do, or cause to be done an act:

(a) Two persons

(b) Two or more persons

(d) None of the above

Ans. (b)

What is not necessary to constitute an offence of criminal conspiracy?

(a) Two or more persons

(b) Five or more persons

(d) If act is not crime, to do. some act in pursuance of agreement

Ans. (b)

"A" and "B" plan to murder "C", the next day. They are guilty of:

(a) the offence of planning

(b) the offence of criminal conspiracy

(d) no offence

Ans. (b)

Smith v. Desmond is a leading case on:

(a) Rape

(b) Extortion

(d) Criminal Conspiracy

Ans. (d)

Criminal conspiracy means

(a) agreement between two persons from doing an illegal act

(b) plan or design or committing acts to oppose wrong traditions in the society

(d) agreement between two persons for doing an immoral act

Ans. (a)

To constitute an offence of criminal conspiracy under BNS what is the necessary condition to be proved?

(a) There must be a prior meeting of two or more persons.

(b) There must be an agreement of two or more persons to do an illegal act or to do a legal act by illegal means.

(d) Two or more persons commit a crime on a sudden provocation with guilty mind.

Ans. (b)

Conspiracy is a

(a) Continuing offence

(b) No offence unless illegal results are there

(d) Piece of evidence only

Ans. (a)

Which one of the following statements is not correct?

Criminal conspiracy requires

(a) an agreement between two or more persons

(b) doing of an illegal act

(d) doing an act which may be an offence or not

Ans. (d)

For an offence of Criminal Conspiracy under Section 61(1) of BNS, the parties involved should agree to do or cause to be done an act:

(a) the ultimate object of which is illegal.

(b) which is not illegal, but by illegal means.

(d) (a) and (b)

Ans. (d)

The definition of criminal conspiracy in Section 61(1), BNS has been taken from that given in:

(a) Mulchay v. Queen

(b) Quinn v. Leatham

(d) R v. Vincent

Ans. (b)

In which of the following cases husband and wife both were held guilty of criminal conspiracy:

(a) Tej Khan v. State of M.P.

(b) Kuldeep Singh v. State of Rajasthan

(d) Pradumma v. State

Ans. (a)

OF ATTEMPT

62. PUNISHMENT FOR ATTEMPTING TO COMMIT OFFENCES PUNISHABLE WITH IMPRISONMENT FOR LIFE OR OTHER IMPRISONMENT

Whoever attempts to commit an offence punishable by this Sanhita with imprisonment for life or imprisonment, or to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence, shall, where no express provision is made by this Sanhita for the punishment of such attempt, be punished with imprisonment of any description provided for the offence, for a term which may extend to one-half of the imprisonment for life or, as the case may be, one-half of the longest term of imprisonment provided for that offence, or with such fine as is provided for the offence, or with both.

ILLUSTRATION

a. A makes an attempt to steal some jewels by breaking open a box, and finds after so opening the box, that there is no jewel in it. He has done an act towards the commission of theft, and therefore is guilty under this section

b. A makes an attempt to pick the pocket of Z by thrusting his hand into Z’s pocket. A fails in the attempt in consequence of Z’s having nothing in his pocket. A is guilty under this section.

Locus poenitentiae test is, applied to trace which one of the following?

(a) Criminal misappropriation

(b) Attempt

(d) Conspiracy

Ans. (b)

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