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Checkmate 13th AIL Mohali National Moot Court Competition

This document provides information about various Indian laws that are relevant to a criminal case involving conspiracy to commit murder. It discusses sections 34 and 120B of the Indian Penal Code which define the criminal liability for acts done in furtherance of a common intention and punishment for criminal conspiracy respectively. It also mentions section 302 of the IPC which provides the punishment for murder. It then discusses sections 161 of the Code of Criminal Procedure which allows a police officer investigating a case to examine witnesses orally and record their statements in writing. Finally, it briefly references the Indian Evidence Act and Juvenile Justice Act as also being potentially relevant laws.

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65 views3 pages

Checkmate 13th AIL Mohali National Moot Court Competition

This document provides information about various Indian laws that are relevant to a criminal case involving conspiracy to commit murder. It discusses sections 34 and 120B of the Indian Penal Code which define the criminal liability for acts done in furtherance of a common intention and punishment for criminal conspiracy respectively. It also mentions section 302 of the IPC which provides the punishment for murder. It then discusses sections 161 of the Code of Criminal Procedure which allows a police officer investigating a case to examine witnesses orally and record their statements in writing. Finally, it briefly references the Indian Evidence Act and Juvenile Justice Act as also being potentially relevant laws.

Uploaded by

shashwatambashta22136
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Checkmate 13th AIL Mohali National Moot Court Competition, 2023

IPC
34 – Acts done by several persons in furtherance of common intention.—When a criminal act
is done by several persons in furtherance of the common intention of all, each of such persons
is liable for that act in the same manner as if it were done by him alone.
Relevant facts
120B – Punishment of criminal conspiracy.—(1) Whoever is a party to a criminal conspiracy
to commit an offence punishable with death, [imprisonment for life] or rigorous
imprisonment for a term of two years or upwards, shall, where no express provision is made
in this Code for the punishment of such a conspiracy, be punished in the same manner as if he
had abetted such offence.
(2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an
offence punishable as aforesaid shall be punished with imprisonment of either description for
a term not exceeding six months, or with fine or with both.]
302 – Punishment for murder.—Whoever commits murder shall be punished with death or
[imprisonment for life], and shall also be liable to fine.

CrPC
161 - Examination of witnesses by police.—(1) Any police officer making an investigation
under this Chapter, or any police officer not below such rank as the State Government may,
by general or special order, prescribe in this behalf, acting on the requisition of such officer,
may examine orally any person supposed to be acquainted with the facts and circumstances
of the case. (2) Such person shall be bound to answer truly all questions relating to such case
put to him by such officer, other than questions the answers to which would have a tendency
to expose him to a criminal charge or to a penalty or forfeiture. (3) The police officer may
reduce into writing any statement made to him in the course of an examination under this
section; and if he does so, he shall make a separate and true record of the statement of each
such person whose statement he records. [Provided that statement made under this sub-
section may also be recorded by audio-video electronic means:]
[Provided further that the statement of a woman against whom an offence under section 354,
section 354A, section 354B, section 354C, section 354D, section 376, section 376A section
376B, section 376C, section 376D, section 376E or section 509 of the Indian Penal Code (45
of 1860) is alleged to have been committed or attempted shall be recorded, by a woman
police officer or any woman officer.]
Indian Evidence Act
JJA

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