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    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?
    A Yes, because they agreed to do an illegal act (forgery) Correct Answer Incorrect Answer
    B No, because no overt act was done in pursuance of the agreement Correct Answer Incorrect Answer
    C Yes, because conspiracy is complete upon agreement regardless of further acts Correct Answer Incorrect Answer
    D No, because they had not yet committed the actual offence of forgery Correct Answer Incorrect Answer
    E Yes, because the agreement itself constitutes the illegal act Correct Answer Incorrect Answer

    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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