Abetment & Conspiracy MCQ Quiz - Objective Question with Answer for Abetment & Conspiracy - Download Free PDF

The correct answer is Option 4

Key Points 🔹 Section 120A – Definition of Criminal Conspiracy
Criminal Conspiracy means:

• When two or more persons agree:
• To do an illegal act, or
• To do a legal act by illegal means

Such an agreement itself is called a "criminal conspiracy."

Section 120A:
Mere Agreement = Conspiracy (when the object is an offence)

• If the object of the conspiracy is to commit an offence, then just the agreement is enough to constitute the offence of conspiracy.
• No need for any overt act (i.e., physical action) to be done.
• If the act is not an offence (e.g., breach of contract) but still illegal by some law (e.g., civil wrong), then:

At least one act in pursuance of the agreement must be done by any one of the conspirators.

🔸 Example:

• A & B agree to kill C → It's an offence → Criminal conspiracy is complete by agreement alone.
• A & B agree to defraud someone in a contract (civil wrong) → It's not an offence → They must take some action to make it punishable.

🔹 Section 120B – Punishment for Criminal Conspiracy
Divided into two categories:

(1) For serious offences (graver conspiracy)
If the conspiracy is to commit an offence:

• Punishable with death
• Imprisonment for life

Or rigorous imprisonment for 2 years or more

🔸 Punishment:

Same as if the person had abetted (instigated/helped in committing) the offence.

(2) For lesser offences (non-serious conspiracy)
If the conspiracy is not to commit such serious offences as above:

🔸 Punishment:

• Imprisonment up to 6 months, or fine, or both.

The correct answer is  Only if the act done was a probable consequence of the abetment.

Key Points

Explanation:

• Section 111 of the Indian Penal Code (IPC) addresses the liability of an abettor when an act is committed in consequence of the abetment, but the act done is different from what was intended or planned by the abettor. The section states that if an act is abetted and a different act is done, the abettor is still liable for the act done, provided that the act done is a probable consequence of the act abetted.

Key Points:

• Abetment: The abettor encourages, instigates, or assists someone in committing a crime.
• Different act done: The abettor may have intended for a specific act to be done, but a different act is actually carried out.
• Probable consequence: The abettor can be held liable for the actual act if it was a natural or probable consequence of the act that he abetted. This is based on the principle that the abettor should have foreseen that the act, even if different from what was intended, was likely to occur.

 Other Options :

• Only if the abettor takes part in the commission of the offence:
  • This is incorrect because Section 111 does not require the abettor to be directly involved in the commission of the crime. Even if the abettor is not physically present during the crime, he can still be held liable if the act done is a probable consequence of his abetment.
• Regardless of whether the consequence has any nexus with the act done:
  • This is incorrect because there must be a nexus or connection between the abetted act and the act actually committed. If the act done is completely unrelated to the act that was abetted, the abettor may not be held liable.
• All of the above:
  • This is incorrect because not all of the other options are correct. Specifically, Option 1 and Option 3 are not consistent with the requirements of Section 111.

The correct option is: 4

Key Points

• Section 120B of the Indian Penal Code (IPC) defines criminal conspiracy as an agreement between two or more persons to commit an illegal act or to do a legal act by illegal means. Therefore, the minimum number of persons required to commit the act of criminal conspiracy is two.

• Option 1) Seven is incorrect. The minimum number of persons for a criminal conspiracy is not seven.

• Option 2) Five is incorrect for the same reason; the minimum is not five.

• Option 3) Three is incorrect because only two persons are required to form a criminal conspiracy.

Additional Information

• Criminal conspiracy involves an agreement between at least two persons to commit a crime, and it becomes an offense when the act or illegal purpose is carried out or steps are taken towards its execution.

The correct answer is Two.

Key Points Section 120A – Criminal Conspiracy Defined
When two or more individuals come to an agreement to either:

• Commit an illegal act, or
• Commit an act that is not illegal in itself, but do so by illegal means,
• such an agreement is termed as a criminal conspiracy.

Proviso:

• An agreement alone does not constitute a criminal conspiracy unless it is to commit an offence.
• If it is not an offence, then some overt act must be carried out by one or more parties to the agreement in pursuance of that agreement, for it to amount to criminal conspiracy.

Explanation:

• It does not matter whether the illegal act is the main objective of the agreement or just incidental to it.

The correct answer is 'Sedition'

Key Points

• Sedition:
  • Sedition refers to any act, speech, or publication that incites people to disobey the government or cause hatred or contempt against it.
  • Under Section 124A of the Indian Penal Code (IPC), sedition is defined and made punishable by law.
  • The purpose of sedition laws is to prevent any actions that could lead to the disruption of public order and the undermining of the authority of the state.

Additional Information

• Conspiracy:
  • Conspiracy refers to an agreement between two or more persons to commit an illegal act or to achieve a lawful end by illegal means.
  • It involves planning and coordinating actions but does not necessarily include inciting hatred or contempt against the government.
• Waging war against the Government:
  • This refers to an act of rebellion or insurrection against the authority of the government, typically involving armed conflict or violence.
  • It is a broader and more severe offense than sedition, often dealt with under different sections of the IPC.
• Abetment:
  • Abetment involves encouraging, assisting, or supporting someone in committing a crime.
  • It does not specifically relate to actions that incite hatred or contempt against the government unless the abetment pertains to a seditious act.

The correct option is Criminal conspiracy.

Key Points

• Criminal Conspiracy under IPC:
  • Section 120-A of the Indian Penal Code defines criminal conspiracy.
  • According to this section, 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 deemed to be a criminal conspiracy.
  • The punishment for criminal conspiracy is provided under Section 120-B of the IPC.
• Illustration:-
  • In a bustling city, a group of individuals, A, B, and C, conspire to commit a bank robbery. A, the mastermind, recruits B and C to help in planning and executing the crime. They meet secretly to discuss the details, such as the date, time, and the division of roles during the robbery. The plan involves using firearms to intimidate bank staff and customers, ensuring a smooth escape route, and dividing the stolen money among themselves.
  • Actions:
    • Agreement:
      • A, B, and C agree to commit the bank robbery, and they decide on the specific details of the crime.
    • Overt Acts:
      • The conspirators start taking overt acts in furtherance of the conspiracy, such as obtaining weapons, conducting surveillance of the bank, and planning their escape.
    • Criminal Act:
      • On the agreed-upon day, the conspirators enter the bank armed with weapons, intimidate the staff and customers, and successfully rob the bank.
    • Arrest:
      • Law enforcement authorities receive a tip about the planned robbery and intervene just as the conspirators are attempting to flee.
      • A, B, and C are arrested at the scene.
  • Legal Implications:
    • Criminal Conspiracy (Section 120-B):
      • A, B, and C can be charged with criminal conspiracy under Section 120-B of the IPC for agreeing to commit the bank robbery.
    • Substantive Offense (e.g., Robbery):
      • Each conspirator (A, B, and C) can also be charged with the substantive offence of robbery under the relevant provisions of the IPC.
    • Abetment (Section 107):
      • Depending on their roles, A, B, and C might face charges of abetment under Section 107 of the IPC.
    • Attempted Offense (e.g., Attempted Robbery):
      • If the robbery is foiled before completion, the conspirators may face charges of attempted robbery.

Additional Information

• Section 375: Rape
• Section 383: Extortion
• Section 124-A: Sedition

The correct answer is option 1.

Key Points

• Conspiracy, as defined under the Indian Penal Code (IPC), is considered a continuing offence.
• This interpretation stems from the characteristics of conspiracy outlined in sections 120A and 120B of the IPC.
• Section 120A of the IPC defines conspiracy as an agreement between two or more persons to commit an illegal act or an act by illegal means.
• Following this definition, Section 120B prescribes the punishment for criminal conspiracy, differentiating between conspiracies related to offences punishable with death, imprisonment for life, or rigorous imprisonment for two years or upwards, and those related to other offences.
• The nature of conspiracy as a continuing offence arises from the very essence of the crime – the agreement to commit an illegal act.
• Unlike many other offences that are considered complete once the act is performed, the offence of conspiracy continues as long as the agreement is in effect and the intended illegal act or acts are being pursued by the conspirators.
• This means from the moment the agreement is formed until it is disbanded, or the illegal act is executed (or abandoned), the offence of conspiracy is considered to be ongoing.
• Moreover, the fact that the illegal act agreed upon does not need to be completed for the offence of conspiracy to be established adds to its characterization as a continuing offence. It emphasizes the planning and agreement among parties to commit an offence over the act itself.
• In summary, the classification of conspiracy as a continuing offence under the IPC reflects the ongoing nature of the agreement to commit an illegal act or acts by illegal means, drawing legal attention not just to the fulfilment of the intended illegal action(s) but also to the period during which the conspirators were engaged in advancing their illegal agreement.

The correct option is Option 2.

Key Points

• The term "abettor" means a person who aids, encourages, or instigates another person to commit a crime.
• In legal terms, an abettor plays a role in the commission of an offence, but may not be the primary doer.
• The concept of abetment is associated with criminal law, where individuals are held accountable not only for directly committing a crime but also for assisting or encouraging others to do so.
• Who commits the offence:
  • This refers to the primary doer, the person directly responsible for committing the offence.
  • The abettor is not necessarily the one who commits the offence.
• Who instigates the commission of the offence:
  • This is correct.
  • An abettor is someone who instigates or encourages another person to commit an offence.
  • Instigation involves actively persuading, provoking, or urging someone to engage in criminal behaviour.
• Against whom the offence is committed:
  • This refers to the victim of the offence, not the abettor.
  • The abettor is connected to the commission of the crime but is not the target of the offence.
• Who is innocent:
  • This is not correct.
  • An abettor is not considered innocent in the context of criminal law.
  • They may be held liable for their role in encouraging or assisting the commission of a crime.
  • The specific section of the IPC that deals with abetment is Section 107, which defines abetment of a thing.
• Example:
  • If someone assists another person in committing a robbery, the person assisting could be considered an abettor.
  • Person A plans to commit theft and person B provides tools and guidance to help A carry out the theft.
    • In this example:
      • Person A would be the principal offender.
      • Person B would be the abettor.
• Section 107 of the IPC, in conjunction with the relevant section for the specific crime (such as theft), would be applied to hold both the principal offender and the abettor accountable.

Explanation- In section 120A there is no distinction as per the law between a principal and accessory and accordingly both will be liable equally and act of one equally implicates the other so there will be no distinction between a principal and accessory. 

The correct answer is Section 120A.

Key Points

• Section 120A of the Indian penal Code, 1860, provides for the Definition of criminal conspiracy.
• It states that —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, such an agreement is designated a criminal conspiracy:
  Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof.
  Explanation.—It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object.

The correct answer is Section 120A.

Key Points

• Section 120A of the Indian penal Code, 1860, provides for the Definition of criminal conspiracy.
• It states that —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, such an agreement is designated a criminal conspiracy:
  Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof.
  Explanation.—It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object.

The correct answer is Option 3. 

Key Points

• Section 108 of Indian Penal Code says, a person abets an offence if they either:
  • Encourage or assist in the commission of an offence, or
  • Encourage or assist in the commission of an act that would be an offence if carried out by someone legally capable of committing it, with the same intention or knowledge as the abettor.
• Explanation 1: Abetment can also relate to the illegal omission (failure to do something required by law) of an act. This means that if a person encourages or assists another in not performing a legally required act, this can still be considered abetment, even if the abettor themselves is not legally required to perform that act.
• Explanation 2: For abetment to be an offence, it is not necessary for the act that was abetted to actually be carried out. It also does not matter whether the intended outcome or effect necessary to constitute the main offence occurred. This means that merely encouraging or assisting someone to commit a crime constitutes abetment, regardless of whether the crime was ultimately committed or not.

The correct answer is Section 120(a).

Key Points

• The definition of criminal conspiracy is provided in Section 120A of the Indian Penal Code.
• Section 120A states that "when two or more persons agree to commit an offence punishable with imprisonment for a term of ten years or upwards, or to commit an offence against the state or the public tranquility, such an agreement is designated a criminal conspiracy."

Additional Information

• Section 120 deals with "concealing design to commit an offense punishable with imprisonment.".
• Section 121 of the Indian Penal Code deals with waging war against the Government of India, and related acts.
• Section 153 deals with inciting or provoking others to commit the offense of rioting.
• Section 159 does not define criminal conspiracy. It actually defines the offense of affray, which is defined as, when two or more persons, by fighting in a public place, disturb the public peace..

Explanation- In section 120A there is no distinction as per the law between a principal and accessory and accordingly both will be liable equally and act of one equally implicates the other so there will be no distinction between a principal and accessory. 

The correct answer is Option 3.

Key Points

• Section 117 of Indian Penal Code deals with abetting commission of offence by the public or by more than ten persons.
• It states, whoever abets the commission of an offence by the public generally or by any number or class of persons exceeding ten, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.