Question

Under Section 61 of the BNS, 2023, three business associates, A, B, and C, separately attend a seminar where a presentation discusses illegal methods to evade corporate taxes. After the seminar, they separately and independently decide to implement these methods for their own businesses without any prior discussion or coordination. Subsequently, through coincidence, their tax evasion schemes are discovered and they are prosecuted together. Additionally, during investigation, it is found that earlier, A had informally mentioned to B at a social gathering that "many companies manipulate financial statements," and B had nodded in agreement. Which of the following correctly determines their criminal liability under Section 61?

A All three are equally guilty of criminal conspiracy because they independently adopted the same illegal scheme
B Only A and B are guilty of conspiracy because of A's remark and B's affirmative nod, which constitutes a prior meeting of minds; C cannot be included without direct communication
C All three are liable for conspiracy because any coordination, formal or informal, combined with common illegal purpose constitutes conspiracy
D None of them are guilty of conspiracy because they acted independently without any prior arrangement or agreement between them
E A and B are guilty of abetment only (not conspiracy), while C is guilty of the substantive tax evasion offence onl
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