Question
X and Y agree to start a business using forged
documents. Before any action is taken towards obtaining the documents, they are arrested. Under Section 61, is this a criminal conspiracy?Solution
Section 61(1) provides 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." Since X and Y only agreed but no overt act was done in pursuance of their agreement, this does not constitute criminal conspiracy under the proviso.
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