Section 8 of BSA : Section 8: Things said or done by conspirator in reference to common design.

BSA

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Explanation using Example

Example 1:

Scenario: A group of individuals, A, B, C, and D, conspire to commit a bank robbery in Mumbai.

  • A plans the robbery and assigns roles to each member.
  • B purchases masks and gloves in Delhi to be used during the robbery.
  • C rents a getaway car in Pune.
  • D scouts the bank and gathers information about its security systems in Mumbai.

Application of Section 8: Even if A was not aware of the specific actions taken by B, C, and D, all these actions (purchasing masks, renting a car, scouting the bank) are relevant facts. They can be used to prove the existence of the conspiracy and A's involvement in it, as they were all done in reference to the common design of robbing the bank.

Example 2:

Scenario: A group of activists, X, Y, Z, and W, conspire to organize an illegal protest against a government policy in Delhi.

  • X drafts and circulates a manifesto outlining the protest's objectives.
  • Y arranges for transportation to bring protestors from different parts of the country to Delhi.
  • Z collects funds in Chennai to support the protest activities.
  • W uses social media to recruit more participants and spread the word about the protest.

Application of Section 8: Even if X was not directly involved in the actions taken by Y, Z, and W, all these actions (circulating the manifesto, arranging transportation, collecting funds, recruiting participants) are relevant facts. They can be used to prove the existence of the conspiracy to organize the illegal protest and X's involvement in it, as they were all done in reference to the common design of organizing the protest.

Example 3:

Scenario: A group of hackers, P, Q, R, and S, conspire to hack into a government database to steal sensitive information.

  • P identifies the vulnerabilities in the database.
  • Q writes the malicious code needed to exploit these vulnerabilities.
  • R sets up a server in Bangalore to receive the stolen data.
  • S contacts a buyer in Dubai to sell the stolen information.

Application of Section 8: Even if P was not aware of the specific actions taken by Q, R, and S, all these actions (identifying vulnerabilities, writing malicious code, setting up a server, contacting a buyer) are relevant facts. They can be used to prove the existence of the conspiracy to hack the database and P's involvement in it, as they were all done in reference to the common design of stealing sensitive information.