Section 120B of the Indian Penal Code, 1860 (Punishment of criminal conspiracy) corresponds to Section 61(2) of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024. Under the BNSS First Schedule, BNS 61(2)(a) is 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, triable by Court by which abetment of the offence which is the object of conspiracy is triable; punishment: Same as for abetment of the offence which is the object of the conspiracy.
Source: BNSS, 2023, First Schedule, Part I.
The BNS applies to offences committed on or after 1 July 2024. Offences committed earlier are charged and tried under the IPC.
(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