CLAT Sample Paper CLAT Sample Paper-10

  • question_answer
    Principle 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 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. It is immaterial whether the illegal act is ultimate object of such agreement, or is merely incidental to that object.
    Facts John, Thomson, Robert, Smith and Chriss entered into an agreement to destroy an office building of the Government of India. John purchased AK-47 rifles and guns and explosive. Thomson supplied vehicles.
    Robert contributed money. Smith and Chriss made arrangement, conducted meetings and made plans for the commission of the act.
    John, Thomson and Robert before reaching the office building were apprehended by police and were shot dead Decide about the offence of Smith and Chriss.

    A)  Smith and Chriss are not guilty of conspiracy as they had not gone in the vehicle for committing crime

    B)  Liability of Smith and Chriss comes to end with the death of main accused persons viz John, Thomson and Robert

    C)  As no offence is committed no one is responsible

    D)  Smith and Chriss are to be punished as it is immaterial in the criminal law, whether illegal act is ultimate object of the agreement or merely incidental to that object

    Correct Answer: D

    Solution :

    Criminal conspinacy is defined in Section 120A IPC.

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