📢 Too many exams? Don’t know which one suits you best? Book Your Free Expert 👉 call Now!

    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.

    Practice Next
    More Other Laws and Acts Questions

    Relevant for Exams:

    ask-question