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Which of the following is not correct for the relevancy of evidence to prove conspiracy?
Question

Which of the following is not correct for the relevancy of evidence to prove conspiracy?

A.

There must be reasonable ground to believe that two or more persons have entered into a conspiracy.

B.

The act in question must have been done after the time when the intention to conspire was first entertained by any of them.

C.

The act must have been done in reference to their common intention.

D.

It can also be used in favor of the other party or for the purpose of showing that such a person was not a party to the conspiracy.

Correct option is D


The correct answer is (d) It can also be used in favor of the other party or for the purpose of showing that such a person was not a party to the conspiracy. This option is incorrect because evidence related to conspiracy is typically used to establish the involvement of individuals in the conspiracy, not to exonerate them or prove their innocence. The primary purpose of conspiracy-related evidence is to show the connection between conspirators and their shared intent.
Information Booster:
Evidence of Conspiracy (Section 10, Indian Evidence Act): Section 10 of the Indian Evidence Act allows for certain acts, declarations, and statements made by conspirators to be used as evidence against all members of the conspiracy, provided they were made in furtherance of the conspiracy. The evidence must be relevant to the common intention of the conspirators.
Additional Knowledge:
· (a) Reasonable Ground to Believe in Conspiracy: Evidence must establish a reasonable belief that a conspiracy exists involving two or more persons.
· (b) Timing of the Act: The act in question must be related to the conspiracy and occur after the conspiracy's intent was first formed.
· (c) Common Intention: The act must be linked to the common intention of the conspirators.

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