INSTRUCTIONS:

1) Read the theory given below before attempting the Quiz.
2) To attempt the Quiz click on "START QUIZ" button given at the end of the Theory.
3) There will be no time limit to complete the Quiz.
4) There will be no negative marking in this Quiz.
5) The Quiz will have 10 Questions.

THEORY:

Things Said or Done By Conspirator In Reference To Common Intention [Sec. 10]

Sec. 10 deals with relevancy of facts in cases of conspiracy.

According to sec. 10, “Where there is reasonable ground to believe that two or more person have conspired together to commit an offence or an actionable wrong, anything said, done, or written by any one of such person in reference to their common intention, after the time when such intention was first entertained by any one of them, is a relevant fact as against each of the person believed to be so conspiring, as well for the purpose of proving the existence of the conspiracy as for the purpose of showing that any such person was a party to it.” Facts in this section are all separate and independent acts, not connected to each other, but for the conspiracy. Therefore, prima facie existence of conspiracy is sine qua non for the applicability of sec. 10. Unless prima facie existence of conspiracy is proved, facts under this section do not become relevant.

Words “where there is reasonable ground to believe that two or more person have conspired together” imply exactly that. The expression ‘reasonable ground to believe’ does not mean that conspiracy should be proved before these facts become relevant. It certainly contemplates something short of actual proof and means that there should exists prima facie evidence in support of the existence of the conspiracy between two or more accused persons.

Conspiracy

The term conspiracy means a secret plan by a group to do something unlawful and harmful or something which is not unlawful but by unlawful means. According to Stephen, “when two or more persons agree to commit any crime, they are guilty of conspiracy whether the crime was committed or not”.

It is not necessary in order to constitute a conspiracy that the acts agreed to be done should be acts which if done should be criminal. A conspiracy consists of unlawful combination of two or more persons to do that which is contrary to law or to do that which is wrongful towards other persons. A mere agreement to commit an offence becomes criminal conspiracy.

Ingredients of Conspiracy

1. There must be an agreement between two or more persons who are alleged to conspire, and

2. The agreement should be to do or cause to be done:

(a) An illegal act, or

(b) An act which is not illegal but by illegal means.

Cases:

Emperor v Shafie Ahmed

It was held that if two or more persons conspire together to commit an offence, each is regarded as the agent of the other, and just the principal is liable for the acts of agent, so each conspirator is liable for what is done by his fellow conspirator, in furtherance of the common intention entertained by both of them.

Badri Roy v State

It has been held that sec. 10 of the Evidence Act has been deliberately enacted in order to make such acts or statements of the co-conspirator admissible against the whole body of conspirators, because of the nature of the crime.

A conspiracy is hatched in secrecy, and executed in darkness. Naturally, therefore it is not feasible for the prosecution to connect each isolated act or statement of one accused with the acts or statement of the others, unless there is Common bond linking