BNS61
BNS Section 61: Criminal conspiracy
Ch IV · Of Abetment, Criminal Conspiracy and Attempt
Gazette p.35
Punishment
- (2) punished in the same manner as if he had abetted such offence; punished with imprisonment of either description for a term not exceeding six months, or with fine or with both
Depends on which sub-section applies. Copied verbatim from the text below.
Arrest, bail & court
- (2, a) Conditional: see the BNSS First Schedule for this offence.
- (2) Non-cognizable · Bailable · Magistrate of the first class (Any other criminal conspiracy)
From the BNSS, 2023, First Schedule (machine-extracted; check the Schedule for anything consequential).
Verbatim · BNS61. 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.
Corresponds (indicatively) to IPC 120A, 120B of the repealed Indian Penal Code, 1860. IPC → BNS table
Cite as: Section 61, Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023)