Bharatiya Nyaya Sanhita, 2023

BNS Section 61

Criminal conspiracy

In one line

BNS Section 61 deals with criminal conspiracy and replaces IPC 120A (now 61(1)), IPC 120B (now 61(2)).

Punishment, bail and court

SectionOffencePunishmentCognizableBailableTriable by
61(2)Criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of 2 years or upwards.Same as for abetment of the offence which is the object of the conspiracy.According as the offence which is the object of conspiracy is cognizable or non-cognizable.According as offence which is object of conspiracy is bailable or non-bailable.Court by which abetment of the offence which is the object of conspiracy is triable.
61(2)Any other criminal conspiracy.Imprisonment for 6 months, or fine, or both.Non-cognizable.Bailable.Magistrate of the first class.

Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.

Bare act text — BNS 61

61. Criminal conspiracy.

(1) When two or more persons agree with the common object to do, or cause to be done— (a) an illegal act; or (b) an act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy: Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof. Explanation.—It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object.

(2) Whoever is a party to a criminal conspiracy,— (a) to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Sanhita for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence; (b) other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment of either description for a term not exceeding six months, or with fine or with both.

What changed from the IPC

  • IPC 120A → BNS 61(1): IPC section is included as sub-section in BNS.
  • IPC 120B → BNS 61(2): IPC section is included as sub-section in BNS, sans heading.

Frequently asked

What was BNS Section 61 in the IPC?

BNS Section 61 (Criminal conspiracy) replaces Sections 120A, 120B of the Indian Penal Code, 1860. IPC 120A is now BNS 61(1). IPC 120B is now BNS 61(2).

What is the punishment under BNS 61(2)?

Any other criminal conspiracy – punishable with imprisonment of either description for a term not exceeding six months, or with fine or with both. Under the First Schedule to the BNSS, 2023 it is non-cognizable and bailable, triable by magistrate of the first class.

Is BNS 61 bailable?

Bailable: BNS 61(2). Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.

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