BNS § 61 · In force since 1 July 2024
Section 61 BNS — Criminal conspiracy
The old IPC 120A (definition) and 120B (punishment) in one section, in the same words.
In short
- Replaces
- IPC 120B (now 61(2)) and IPC 120A (now 61(1))
- Punishment
- As for abetment of the offence conspired; otherwise up to 6 months, or fine, or both
- Bail
- Follows the offence conspired; any other conspiracy is bailable and non-cognizable
- Which law applies
- Offence before 1 July 2024 → IPC 120B. On or after → BNS 61(2).
The text
(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.
Source: Official BNS Gazette text. BNSS First Schedule and savings provision. NCRB old-to-new section table.
What changed from the IPC
Two IPC sections became one. The words carried over. The comparison below summarises the former IPC provisions; it is not a verbatim reproduction.
IPC 120A
Agreement to do an illegal act or a legal act by illegal means; an act beyond agreement was required unless the agreement was to commit an offence.
BNS 61(1)Same definition
Same definition, proviso and Explanation. Renumbered only.
IPC 120B
Serious-offence conspiracies followed the punishment for abetment, where no express provision applied; other conspiracies carried up to six months, or fine, or both.
BNS 61(2)Same punishment
Same two limbs; “this Code” is now “this Sanhita”.
Bail, cognizance and court
| Section | Offence | Punishment | Cognizable | Bail | Tried by |
|---|---|---|---|---|---|
| 61(2)(a) | Conspiracy to commit an offence punishable with death, life, or RI of 2 years or more | As for abetment of the offence conspired | As for the offence conspired | As for the offence conspired | Court that tries abetment of that offence |
| 61(2)(b) | Any other criminal conspiracy | 6 months, or fine, or both | No | Bailable | Magistrate of the first class |
BNSS, First Schedule. Section 61 is in neither compounding table under BNSS s. 359.
Which law applies
Which section do I charge?
IPC 120B
Offence committed on or before 30 June 2024. FIR may be later.
BNS 61(2)
Offence committed on or after 1 July 2024.
The date of the offence decides it — not the date of the FIR or charge-sheet (BNS s. 358; Article 20(1) of the Constitution).
Charged together with 61
Questions advocates ask
Is 120B IPC bailable?
It depends on the offence conspired. A conspiracy to commit an offence punishable with death, life or rigorous imprisonment of two years or more takes that offence’s bail and cognizance (61(2)(a)); any other conspiracy is bailable and non-cognizable (61(2)(b)).
How is conspiracy different from common intention?
Conspiracy is an offence in itself: the agreement is punishable. Common intention (IPC 34, now BNS 3(5)) is not an offence — it makes each person liable for an act done by all of them in furtherance of their shared intention.
Does there have to be an act besides the agreement?
Not for an agreement to commit an offence. For an agreement to do some other illegal act, some act beyond the agreement is needed (proviso to 61(1)).