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Principle: Conspiracy is a Combination Between Two Or More Persons Formed for the Purpose of Doing Either an Unlawful Act Or a Lawful Act by Unlawful Means. - Legal Reasoning

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MCQ

Principle: Conspiracy is a combination between two or more persons formed for the purpose of doing either an unlawful act or a lawful act by unlawful means.

Facts: X and Y conspire to poison Z. X in pursuance of the conspiracy procures the poison and delivers it to Y in order that he may administer it to Z. Y in pursuance of the conspiracy administers the poison in the presence of X and thereby causes Z's death.

Suppose X &Y were apprehended by A before administering poison to Z. What is the offense committed by X & Y?

Options

  • X & Y are not guilty of conspiracy as they did not cause death of Z

  • Liability of X comes to an end and Y is only liable

  • As no offense is committed and none of them are responsible

  • X & Y are to be punished as it is immaterial whether the illegal act is ultimate object of the agreement or merely incidental to that object

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Solution

X & Y are to be punished as it is immaterial whether the illegal act is ultimate object of the agreement or merely incidental to that object

Explanation:

Though murder has not taken place, both X and Y  did conspire, making both of them liable for criminal conspiracy. As there is no option which covers this directly, "X & Y are to be punished as it is immaterial whether illegal act is ultimate object of the agreement or merely incidental to that object" is the best choice.

Concept: Indian Penal Code (Entrance Exams)
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