Law Answer Writing Practice 2018 - Week 4 - Question 4

90 Days Law Answer Writing Practice Question 2 for 05-Dec-2018

Instructions for Writing Answer

1. Write your answers in the comment section.

 

2. Experts will provide their feedback in reply.

3. Model Answers will be uploaded on this page the next day.

4. Rectify your mistakes and progress further.

5. All the Best.

05-Dec-2018 - Question 2

"To constitute the offence of criminal conspiracy there must be an agreement to do, or cause to be done, an illegal act, or an act which is not illegal by illegal means." Critically examine. (2015) - 150 Words

For Question 1 - Click Here

Model Answer

Section 120A of the Indian Penal Code talks about Criminal Conspiracy, it is the agreement of two or more persons to do-
A) An illegal act – An act which is illegal that is not legal or which is of such nature as it will be an offence if committed or would be against any law, civil or criminal or otherwise(Special/Local laws), very well explained in Ram Narain Poply vs CBI.
B) A legal act by illegal means. – Even if the act is legal, but if there was an agreement to do it be illegal means.
So, there must be a joint evil intent to constitute crime of Criminal Conspiracy. No physical action need take place. No consummation of the crime need be achieved or even attempted. The very agreement is an offence and is punishable, also held in affirmative in State vs Nalini case.
It definitely enables preventive action to be taken against intended offenders, with fixed intent, but this law has to be also narrowly watched and never to be pressed beyond it’s true limits by the Government.

Note: There is no template for a correct UPSC answer, the model answer is only for your reference

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