Question

PRINCIPLE: 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 means, through such an agreement such persons are said to have been engaged in a criminal conspiracy to commit an offence. It is said that no consummation of the crime be achieved or even attempted.
FACTS: 'X', 'Y' and 'Z' plan to kill 'D'. They agree that only one among them, that is 'Z', will execute the plan. In pursuance of it, 'Z' buys a gun and loads it.

• A. Only 'Z' can be charged with criminal conspiracy to kill 'D'
• B. All of them,' X', 'Y' and 'Z' can be charged with criminal conspiracy to kill 'D'
• C. 'X' and 'R' cannot be charged with criminal conspiracy to kill 'D'
• D. None of them can be charged with criminal conspiracy to kill 'D'

Answer 1

The correct option is B All of them,' X', 'Y' and 'Z' can be charged with criminal conspiracy to kill 'D'

B is the correct option and all of them 'X', 'Y', 'Z' should be charged of criminal conspiracy. Since the Principle makes a mere agreement to do an illegal act as an offence,

The difference between 'OR' & 'AND' must be kept in mind, the former means that nay of the two option mustbe present, whereas the latter says that both of them must be present.

Therefore, a mere agreement to do an act (which iis killing of D) is an offence.

While attending the question one must stick to the principle striclty and since in the principle mere mens rea is suffiecient to commit a crime hence, there is no requirement of actus rea.