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BNS Section 61: Criminal conspiracy

Section 61 of the Bharatiya Nyaya Sanhita, 2023 deals with criminal conspiracy. It replaces IPC 120A, IPC 120B of the Indian Penal Code, 1860. Under the BNSS First Schedule, it depends on the sub-section: 61(2)(a) is according as the offence which is the object of conspiracy is cognizable or non-cognizable and according as offence which is object of conspiracy is bailable or non-bailable; 61(2)(1) is non-cognizable and bailable.

Bail, cognizability and punishment

SectionOffencePunishmentCognizableBailableTriable by
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.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-cognizableAccording 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)(1)Any other criminal conspiracy.Imprisonment for 6 months, or fine, or both.Non-cognizableBailableMagistrate of the first class

Source: BNSS, 2023, First Schedule, Part I.

Text of BNS Section 61

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 acriminal 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 1s 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.

Of attempt

IPC sections replaced

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