Topic-Wise Test 6: Criminal Conspiracy & Abetment (Sections 44-50, BNS, 2023)

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Topic-Wise Test 6: Criminal Conspiracy & Abetment (Sections 44-50, BNS, 2023)

(Judicial Services Preliminary Examination – Rajasthan)

Instructions:

  • Total Questions: 10

  • Each question has one correct answer.

  • Explanations provided for every question.

Q1. Under BNS, 2023, criminal conspiracy is defined under which section?

a) Section 44
b) Section 46
c) Section 48
d) Section 50

✅ Answer: (a) Section 44
Explanation: Section 44 of BNS, 2023 defines criminal conspiracy as an agreement between two or more persons to commit an illegal act or a legal act by illegal means.

Q2. What is the minimum number of persons required for a criminal conspiracy under BNS, 2023?

a) One
b) Two
c) Three
d) Five

✅ Answer: (b) Two
Explanation: A criminal conspiracy requires at least two persons to agree to commit an offense (Section 44).

Q3. Under BNS, 2023, when does an act of abetment become punishable?

a) Only when the act abetted is committed
b) Only when the act abetted is attempted
c) Even if the act abetted is not committed
d) Only when the principal offender is convicted

✅ Answer: (c) Even if the act abetted is not committed
Explanation: Section 45 criminalizes abetment, even if the offense is not committed.

Q4. Which of the following is NOT a mode of abetment under BNS, 2023?

a) Instigating a person to commit an offense
b) Conspiring with others to commit an offense
c) Knowingly ignoring an offense being committed
d) Intentionally aiding in the commission of an offense

✅ Answer: (c) Knowingly ignoring an offense being committed
Explanation: Under Section 45, abetment includes instigation, conspiracy, or aiding but not merely ignoring a crime.

Q5. Under which section of BNS, 2023 is punishment for abetment provided?

a) Section 44
b) Section 45
c) Section 46
d) Section 50

✅ Answer: (c) Section 46
Explanation: Section 46 prescribes punishment for abetment, which is generally the same as the punishment for the offense abetted.

Q6. A person provides financial assistance to commit an offense but does not participate in it. What offense has been committed under BNS, 2023?

a) No offense
b) Abetment
c) Criminal conspiracy
d) Both (b) and (c)

✅ Answer: (d) Both (b) and (c)
Explanation: Providing financial assistance can amount to abetment (Section 45) or criminal conspiracy (Section 44) if there is an agreement.

Q7. Which of the following is TRUE about criminal conspiracy under BNS, 2023?

a) Mere agreement to commit an offense is sufficient for liability
b) At least one overt act must be committed to establish conspiracy
c) Conspiracy applies only to serious offenses
d) Conspiracy is punishable only if the offense is committed

✅ Answer: (a) Mere agreement to commit an offense is sufficient for liability
Explanation: Under Section 44, criminal conspiracy is punishable even without any overt act, unlike other inchoate offenses.

Q8. What is the punishment for a person who abets an offense punishable with death or life imprisonment under BNS, 2023?

a) Half of the principal offender’s punishment
b) Same punishment as the principal offense
c) Only a fine
d) Maximum 10 years imprisonment

✅ Answer: (b) Same punishment as the principal offense
Explanation: Section 46 states that an abettor receives the same punishment as the main offender, even if the offense was not committed.

Q9. If a public servant abets the commission of an offense using their official position, what additional punishment can be imposed under BNS, 2023?

a) Additional imprisonment of up to 3 years
b) Additional imprisonment of up to 5 years
c) Additional fine of ₹50,000
d) No additional punishment

✅ Answer: (b) Additional imprisonment of up to 5 years
Explanation: Section 47 provides an enhanced penalty for public servants who abuse their position to abet crimes.

Q10. Which of the following is an essential element of abetment by conspiracy?

a) Mere knowledge of the offense
b) Indirect encouragement of the offense
c) A prior agreement to commit the offense
d) Mere presence at the crime scene

✅ Answer: (c) A prior agreement to commit the offense
Explanation: Section 44 and 45 state that abetment by conspiracy requires a prior agreement to commit the crime.

Results & Analysis:

  • 10/10: Outstanding! You have mastered conspiracy & abetment laws.

  • 8-9/10: Very Good! Minor refinements needed.

  • 6-7/10: Good, but revise conspiracy and abetment principles.

  • Below 6: Needs improvement—focus on punishment provisions and modes of abetment.

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