Criminal Conspiracy--Call Detail Records--Existence of Calls Without Disclosed Contents Insufficient to Establish Meeting of Minds Under Section 61(2) BNS
Mere existence of telephonic calls in call detail records, without disclosure of the contents of communication, cannot establish criminal conspiracy under Section 61(2) of the Bharatiya Nyaya Sanhita, 2023. A prior meeting of minds or agreement to commit an illegal act must be demonstrated through substantive material. In the absence of corroborative evidence, call records alone are insufficient to infer complicity or establish nexus between the accused and the alleged offence.
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