Question

The gist of this offence is meeting of minds

• A. S.120A
• B. S.133
• C. S.221
• D. S.340

Hint:

Don't confuse "meeting of minds" (consensus ad idem) in contract law with its application in criminal law. In criminal law, it specifically points to the agreement in a \textbf{criminal conspiracy (S.120A)}. The crime is the agreement itself.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
The phrase "meeting of minds" in criminal law refers to an agreement between two or more persons to commit an illegal act or a legal act by illegal means. This agreement itself is the core element, or "gist," of a specific offence.
Step 2: Detailed Explanation:
Let's examine the options:
\begin{itemize} \item (A) S.120A: This section defines "criminal conspiracy." It states that when two or more persons agree to do an illegal act, or a legal act by illegal means, such an agreement is designated a criminal conspiracy. The very essence of conspiracy is this agreement or "meeting of minds." The offence is complete the moment the agreement is made, even if no overt act follows (except for agreements to commit an offence, where the agreement itself is enough). \item (B) S.133: Deals with abetment of assault by a soldier, sailor or airman on his superior officer. \item (C) S.221: Deals with the intentional omission to apprehend on the part of a public servant. \item (D) S.340: Defines the offence of wrongful confinement. \end{itemize} The only offence where the "meeting of minds" or agreement is the central element is criminal conspiracy, defined under S.120A.
Step 3: Final Answer:
The offence whose gist is the "meeting of minds" is criminal conspiracy, defined in S.120A.