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Under criminal conspiracy :

  • A.Mere agreement is made an offence even if no overt act is done to carry out the agreement
  • B.Mere agreement is not made an offence unless an overt act is done to carry out that agreement
  • C.Both (A) and (B) are correct
  • D.None of the above

Answer: A

The key gives mere agreement is made an offence even if no overt act is done to carry out the agreement.

Section 120A IPC defines criminal conspiracy as an agreement between two or more persons to do an illegal act, or a legal act by illegal means. Its proviso says that an agreement to commit an offence is itself a criminal conspiracy, without any further act; only an agreement to do some other illegal act needs an overt act in pursuance of it. So for a conspiracy to commit an offence, the bare agreement is punishable.

Option B states the rule only for the second, narrower class, so the key treats the general proposition in A as the answer. 'Both' cannot hold, since A and B contradict each other as general statements.

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