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Law · Q18

Indian Penal Code

Graduate and Post Graduate · Law · question 18

Q18

A, B and C conspired to commit an offence. Later A and B abandon the plan, but C commits the same offence. When C was arrested, he also named A and B. In their defence A and B said that they have abandoned the idea and they did not take part in the crime. In this, who will be punished?

A.
No one could be punished for criminal conspiracy
B.
Only C could be punished
C.
A, B and C could be punished for criminal conspiracy
Answer
D.
None of the above

Answer: Option C

Solution

Answer: Option C
Solution:
Under the Indian Penal Code (IPC), criminal conspiracy is an offense. Section 120A of the IPC defines criminal conspiracy as an agreement between two or more persons to commit a crime. Even if the actual offense is committed only by one or some of the conspirators, all those who were part of the conspiracy can be held liable for the offense.

In this scenario, although A and B abandoned the plan, they were still part of the initial conspiracy. Therefore, they can be held liable for the offense of criminal conspiracy along with C, who proceeded to commit the offense. The fact that A and B did not actively participate in the actual offense does not absolve them of their involvement in the conspiracy.

Therefore, the correct answer is:
C. A, B, and C could be punished for criminal conspiracy