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CHAPTER IV OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT · Of criminal conspiracy

Section 61: Criminal conspiracy

The Bharatiya Nyaya Sanhita, 2023

(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.

Corresponding IPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Leading cases

Questions on this section

3 questions in 12 of our papers cite Section 61. Try these from the free papers:

  1. 1. Under Section 61(1) of the BNS, a criminal conspiracy is an agreement between two or more persons to do, or cause to be done,

  2. 2. Consider the following statements regarding criminal conspiracy under Section 61(1) of the BNS: 1. An agreement to commit an offence amounts to a criminal conspiracy even if no act besides the agreement is done in pursuance of it. 2. An agreement to do an illegal act which is not an offence amounts to a criminal conspiracy only if some act besides the agreement is done by one or more parties in pursuance of it. 3. The illegal act must be the ultimate object of the agreement; an illegal act that is merely incidental to that object is not enough. Which of the statements given above is/are correct?

Practise questions on Bharatiya Nyaya Sanhita