Law and You >Procedural Laws > Bharatiya Sakshya Adhiniyam, 2023 > Situational Problems BSA: Set 07 (Miscellaneous)
Conspiracy
Q 1. Gopal is tried for the offence of murder of Ram by beating him with iron Rod with an intention to cause his death.
a) On which point evidence can be given?
b) What are the facts in issue?
a) In this case on facts in issue and relevance of facts, evidence can be given. According to Section 3 of the Bharatiya Sakshya Adhiniyam, 2023, evidence may be given in any suit or proceeding of the existence or non-existence of every fact in issue and of such other facts which are relevant as mentioned in Ss. 4 to 50 of the Bharatiya Sakshya Adhiniyam, 2023.ย
According to Section 2(1)(g) of the Bharatiya Sakshya Adhiniyam, 2023, the expression โfacts in issueโ means and includesโ any fact from which, either by itself or in connection with other facts, the existence, non-existence, nature, or extent of any right, liability, or disability, asserted or denied in any suit or proceeding, necessarily follows.ย
โFact in issueโ are those facts, which are alleged by one party and denied by other parties in the pleading in a civil case or alleged by the prosecution and denied by the accused in a criminal case. A fact in issue is called the โprincipal factโ or factum probandum.
Q 2. Robert intentionally leads Peter to believe that one acre of a particular land belongs to him and thereby induces Peter to buy and pay for the land. The land at the time of sale did not belong to Robert but after three months of Sale, Robert becomes the owner of the said land. Now, he seeks to set aside the sale between himself and Peter.
a) Can the Sale be set aside between them? Why?
b) Explain the Doctrine applicable to such kind of cases with the help of relevant provisions.
a) No, in this case Sale cannot be set aside, as Mr. Robert is stopped from denying his title to the land which earlier he claimed to have (Section 121 of the Bharatiya Sakshya Adhiniyam, 2023).
b) The doctrine of estoppel is applicable in this case. According to Section 121 of the Bharatiya Sakshya Adhiniyam, 2023, when one person has by his declaration, act or omission, intentionally caused or permitted another person to believe a thing to be true and to act upon such belied, neither he nor his representative shall be allowed, in any suit or proceeding between himself and such person or his representative, to deny the truth of that thing.
Q 3. Shani, Bunny, and Chunky plan to kill Khalid by hiring a contract killer Ahmed. After commission of the crime, Ahmed, the contract killer, was arrested by the police. Ahmed named all three people to be involved in the said crime. Bunny, however, denies his role in the commission of the subject crime. The police officer books all four as accused for the murder of Khalid.
a) Can the police book Bunny as co-conspirator in this case? If yes, then give reason(s) with provision(s)
b) What will be the situation if Bunny did not actively take part in the commission of the crime, but only helped Shani and Chunky finding the killer?
A Conspiracy consists in a combination or agreement or agreement between two or more persons to do an unlawful act or to do unlawful act by unlawful means. The evidence of a conspirator is admissible against his co-conspirator on the principal that the thing done, written or spoken was something done in carrying out the conspiracy and was receivable as a step in the proof of the conspiracy. If prima existence of a conspiracy is gives and accepted, the evidence of acts and statements made by any one of the conspirators in furtherance of the common object is admissible against all.
Section 8 of the Bharatiya Sakshya Adhiniyam, 2023, deals with conspiracy. According to Section 8 of the Ashiniyam, where there is reasonable ground to believe that two or more persons have conspired together to commit an offence or an actionable wrong, anything said, done or written by any one of such persons 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 persons 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.
Section 8 of the Adhiniyam, has been deliberately enacted in order to make acts of a co-conspirator admissible against the whole body of conspirators , because of the nature of crime.
Q 2. A, B, and C plan to kill D by hiring contract killer Z. After the commission of the crime, when Z was arrested by the police, he named A, B, and C to be involved in the same crime. B, however denies his role in the commission of crime. The police officer books all the four as accused for murder of D.
a) Can the police book B as co-conspirator in this case? What is the provision?
b) What will be the situation if B did not actively take part in the commission of the crime, but only helped A and C in finding contract killer Z?
a) Yes, the police can book B as co-conspirator in this case. According to Section 8 of the Bharatiya Sakshya adhiniyam, 2023, where there is reasonable ground to believe that two or more persons have conspired together to commit an offence or an actionable wrong, anything said, done or written by any one of such persons 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 persons 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.
b) Still B is liable under Section 45 for abetment under the Bharatiya Nyaya Sanhita, 2023.
Q 5. โThe question is whether Arun and Priya were married. Whether the fact that they were usually received and treated by their friends as husband and wife is relevant or not? Cite the relevant legal provision.
Yes, it is relevant fact. According to Section 44 of the Bharatiya Sakshya Adhiniyam, 2023, when the Court has to form an opinion as to the relationship of one person to another, the opinion, expressed by conduct, as to the existence of such relationship, or any person who, as a member of the family or otherwise, has special means of knowledge on the subject, is a relevant fact: Provided that such opinion shall not be sufficient to prove a marriage in proceedings under the Indian Divorce Act, 1869 (4 of 1869) or in prosecutions under section 82(1), 82(2), or 84 of the Bharatiya Nyaya Sanhita, 2023.
Q 6. A is accused of having murdered his second wife B, by administering poison to her. In this situation
a) Is the fact that the room where B was found dead was having two bottles of poison, one of being empty, a relevant fact?
b) Is it relevant fact that the poison found in the vicera of deceased B was very distinct from poison in the bottles at Aโs house? Why?
a) Yes, the fact that the room where B was found dead was having two bottles of poison, one of being empty is a relevant fact. Under Section 6 of the Bharatiya Sakshya Adhiniyam, 2023, it shows preparation for the offence. But it is not sufficient to convict A. It must be corroborated to prove that it was the preparation for murder of B and A administered the poison to B.
b) Yes, the fact that the poison found in the vicera of deceased B was very distinct from poison in the bottles at Aโs house is relevant. Under Section 40 of the Bharatiya Sakshya Adhiniyam, 2023, it is relevant. The illustration attached to Section 40 o9f the Bharatiya Sakshya Adhiniyam, 2023, says that the question is, whether A was poisoned by a certain poison. The fact that other persons, who were poisoned by that poison, exhibited certain symptoms which experts affirm or deny to be the symptoms of that poison, is relevant.
In this case, it is proved B is poisoned but the poison administered is different from that found in the bottles in the room.
Q 7. Ram was angry with his friend Raju and decided to set Rajuโs scooter on fire. He purchased kerosene for it. Ge carries a can of kerosene and matchbox till the parked scooter. He keeps both the things near the scooter and runs away:
a) Which of the stages of a crime has Ram performed?
b) Has he committed any offence? Why
a) The different stages of crime are intention, preparation, attempt and accomplishment. From the information given in the problem Ram has performed two stages of crime namely intention and preparation.
b) No, he has committed no offence, as he has not attempted the offence. Offence of arson is punishable under S. 326 BNS when complete.
Q 8. Ram and Rajan were the best friends. They went to a party hosted by their friend. After the party both of them went away saying bye to all friends on the motorcycle of Ram. /next day Rajan went missing. Ram could not explain where he dropped Rajan after the party.
a) State the criminal liability that may be attributed to Ram, as per the provisions of BSA.
b) Can Ram give evidence of rebuttal?
a) Ram can be held liable for involved in the crime as Rajan was last seen by all friends in the party with Ram. Here Ram is unable to explain where he dropped Rajan after the party. Thus, the involvement of Ram in the crime can be presumed.
b) Now, Ram has right of rebuttal. He can give evidence of rebuttal to show his innocence.
Q 9. Javed Khan, a movie star under the influence of the liquor was driving his car. Unable to control, his car dashed to the pavement killing two of the pavement dwellers. The police officer arrives the scene of offence. โAโ who is permanent dweller has seen the accident and gives his statement to the police. โBโ who is a watchman of the building near the spot of incidence receives the information of the said accident from his friend โCโ and gives his statement to the Police Officer investigating the offence:
a) Whether the statement given by โAโ to the police officer is admissible in the Court? Why?
b) Is the statement given by โBโ admissible? Explain the principle of Res Gestae.
a) Yes, the statement given by โAโ to the police officer is admissible in the Court under Section 4 of the Bharatiya Sakshya Adhiniyam, 2023. Because A was bystander and was eye witness of the accident his testimony is relevant.
b) The Statement of โBโ is not admissible because he was not eye witness of the accident, he received the information from somebody else. It will be hearsay evidence. Hearsay evidence are not admissible in the Court.
Res gestae is a Latin term that means โthings doneโ or โthings transactedโ.ย It refers to events or circumstances that are related to a criminal act.ย In law, it is a doctrine that allows statements or actions to be admitted as evidence in court.ย
Q 10. โAโ is tried for crime
a) The fact that he said something indicating an intention to commit that particular crime is relevant. Give reason.
b) The fact that he said something indicating general disposition to commit crimes of that class is relevant. Give reasons.
a) According to Section 12 of the Bharatiya Sakshya Adhiniyam, 2023, facts showing the existence of any state of mind, such as intention, knowledge, good faith, negligence, rashness, ill-will or goodwill towards any particular person, or showing the existence of any state of body or bodily feeling, are relevant, when the existence of any such state of mind or body or bodily feeling is in issue or relevant.
b) According to Illustration (p) attached to Section 12 of the Bharatiya Sakshya Adhiniyam, 2023, A is tried for a crime. The fact that he said something indicating an intention to commit that particular crime is relevant. The fact that he said something indicating a general disposition to commit crimes of that class is irrelevant.
Q 11. โAโ is tried for a riot and proved to have marched at the head of a mob.
a) Where the cries of mob are relevant? If yes, under what provision of law? Give reasons.
b) In the instant case if the mob was silent during the march, what difference it will make on Aโs trial.
a) According to Section 7 of the Bharatiya Sakshya Adhiniyam, 2023 facts necessary to explain or introduce a fact in issue or relevant fact, or which support or rebut an inference suggested by a fact in issue or a relevant fact, or which establish the identity of anything, or person whose identity, is relevant, or fix the time or place at which any fact in issue or relevant fact happened, or which show the relation of parties by whom any such fact was transacted, are relevant in so far as they are necessary for that purpose.
Illustration (f) attached to Section 7 BSA says that A is tried for a riot and is proved to have marched at the head of a mob. The cries of the mob are relevant as explanatory of the nature of the transaction.
b) If mob was silent during the march, A would not be liable for the offence of riot.
Q 12. A is accused of crime
a) The fact that soon after the commission of crime, A absconded from his house is relevant? Explain with provision.
b) The fact that of the time when he left home he had sudden and urgent business at the place to which he went is it relevant? Explain with provision.
a) Yes, it is relevant. According to Section 6(2) of the Bharatiya Sakshya Adhiniyam, 2023, the conduct of any party, or of any agent to any party, to any suit or proceeding, in reference to such suit or proceeding, or in reference to any fact in issue therein or relevant thereto, and the conduct of any person, an offence against whom is the subject of any proceeding, is relevant, if such conduct influences or is influenced by any fact in issue or relevant fact, and whether it was previous or subsequent thereto.
The illustration (i) attached to Section 6 BSA, says that A is accused of a crime. The facts that, after the commission of the alleged crime, A absconded, or was in possession of property or the proceeds of property acquired by the crime, or attempted to conceal things which were or might have been used in committing it, are relevant.
b) According to Section 7 of BSA, facts necessary to explain or introduce a fact in issue or relevant fact, or which support or rebut an inference suggested by a fact in issue or a relevant fact, or which establish the identity of anything, or person whose identity, is relevant, or fix the time or place at which any fact in issue or relevant fact happened, or which show the relation of parties by whom any such fact was transacted, are relevant in so far as they are necessary for that purpose.
The illustration (c) attached to Section 7 says that A is accused of a crime. The fact that, soon after the commission of the crime, A absconded from his house, is relevant under section 6, as conduct subsequent to and affected by facts in issue. The fact that, at the time when he left home, A had sudden and urgent business at the place to which he went, is relevant, as tending to explain the fact that he left home suddenly. The details of the business on which he left are not relevant, except in so far as they are necessary to show that the business was sudden and urgent.
Q 13. Priya filed a divorce petition against her husband Pramod on the grounds of cruelty. As an evidence she submits a letter written by her husband in his handwriting acknowledging cruel acts committed by him
a) What is the nature of the substance made by her husband in letter? Explain.
b) Whether this can be used as evidence against Pramod by the Court? Explain Why?
More Situational Problems:
- Set 01: Admission and Confession
- Set 02: Dying Declaration
- Set 03: Burden of Proof
- Set 04: Privileged Communication
- Set 05: Documentary Evidence
- Set 06: Witness
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