BBanaka

BNS Section 61: Criminal conspiracy

Bharatiya Nyaya Sanhita, 2023 · Chapter 4: Of Abetment, Criminal Conspiracy and Attempt

Also available in: हिंदी

61. (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.

Study: explanations and related material

Replaces IPC 120A, IPC 120B. IPC → BNS converterSource: BPR&D BNS–IPC corresponding section table (UP Police, 2024-06-28)

Punishment, bail and trial

61(2)(a)Criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of 2 years or upwards.

Punishment
Same as for abetment of the offence which is the object of the conspiracy.
Cognizable or not
According as the offence which is the object of conspiracy is cognizable or non-cognizable
Bailable or not
According as offence which is object of conspiracy is bailable or non-bailable
Triable by
Court by which abetment of the offence which is the object of conspiracy is triable

61(2)(b)Any other criminal conspiracy.

Punishment
Imprisonment for 6 months, or fine, or both.
Cognizable or not
Non‑cognizable
Bailable or not
Bailable
Triable by
Magistrate of the first class

Source: BNSS First Schedule, Gazette of India, 25 December 2023, p. 159. The Schedule gives the substance of the section, not its full definition, and a State may have amended the classification for its territory. See it in the full First Schedule

Official reference: Ministry of Home Affairs: Gazette text, 25 December 2023 — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-07-01.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately.

This text is for reference, not legal advice. Consult the official source for the authoritative text.

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