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Report No. 185

Section 10

(A) The section is revised in partial modification of the recommendation in the 69th Report, as follows:

"10. Things said or done by conspirator in reference to common design.-

Where-

(a) the existence of a conspiracy to commit an offence or an actionable wrong, or the fact that any person was a party to such a conspiracy, is a fact in issue or a relevant fact; and

(b) the question is whether two or more persons have entered into such conspiracy, 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) The 69th Report recommended that the illustrations as at present with consequential change as may be required.

Instead of making changes in the illustration, we recommend that it may be dropped.



Review of the Indian Evidence Act, 1872 Back




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