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Facts: 'X', 'Y' and 'Z' Plan to Kill 'D'. They Agree that Only One Among Them, that is 'Z', Will Execute the Plan. in Pursuance of It 'Z' Buys a Gun and Loads It. - Legal Reasoning

MCQ

The question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.

Principle: When two or more persons agree to do or cause to be done, (1) an illegal act or (2) an act which is not illegal by illegal means, through such an agreement such persons are said to have been engaged in a criminal conspiracy to commit an offense. It is said that no consummation of the crime needs to be achieved or even attempted.

Facts: 'X', 'Y' and 'Z' plan to kill 'D'. They agree that only one among them, that is 'Z', will execute the plan. In pursuance of it 'Z' buys a gun and loads it.

Options

  • Only 'Z' can be charged with criminal conspiracy to kill 'D'

  • All of them, i.e., 'X', ‘Y’ and ‘Z’ can be charged with criminal conspiracy to kill 'D'

  • 'X' and ‘Y’ cannot be charged with criminal conspiracy to kill 'D'

  • None of them can be charged with criminal conspiracy to kill 'D'

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Solution

All of them, i.e., 'X', ‘Y’ and ‘Z’ can be charged with criminal conspiracy to kill 'D'

Explanation:

According to Section 120-A of the Indian Penal Code  1860. 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. 

Concept: Criminal Law
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