Introduction of BNS Section 61
BNS Section 61 of the Bharatiya Nyaya Sanhita, 2023, deals with the offence of criminal conspiracy. It replaces the earlier provisions of IPC Section 120A and 120B while keeping the core principle intact. Criminal conspiracy arises when two or more persons agree to commit an unlawful act or a lawful act by unlawful means. The law recognizes that even the agreement itself is a crime, as it poses a direct threat to public order and safety. Section 61 makes a clear distinction between serious conspiracies (for grave offences like murder, terrorism, or other crimes punishable with death or long imprisonment) and minor conspiracies (for lesser offences), and it prescribes punishments accordingly.
- Introduction of BNS Section 61
- What is section 61 of BNS ?
- Bharatiya Nyaya Sanhita Section 61
- Section 61 BNS Overview
- BNS 61 Punishment
- BNS 61 bailable or not ?
- Bharatiya Nyaya Sanhita Section 61
- Comparison: BNS Section 61 vs IPC Sections 120A & 120B
- BNS Section 61 FAQs
- Conclusion
- Need Legal Support?
What is section 61 of BNS ?
Section 61 BNS criminal conspiracy as an agreement between two or more people to commit an illegal act or achieve a legal act through illegal means. The law states that a conspiracy becomes criminal only when some action is taken to pursue the agreed illegal goal. The section also differentiates between conspiracies based on the seriousness of the crime involved.
Bharatiya Nyaya Sanhita Section 61
BNS Section 61 deals with the offence of criminal conspiracy, where two or more persons agree to commit an illegal act or a legal act by illegal means. It ensures that even the agreement itself becomes punishable, because conspiracies often pose a serious threat to public safety and law and order.
(This provision corresponds to IPC Section 120A & 120B, restructured under the Bharatiya Nyaya Sanhita (BNS), 2023.)
1. Meaning of Section 61
- Criminal conspiracy means a secret agreement between two or more people to commit:
- an unlawful act, or
- a lawful act by unlawful means.
- Unlike abetment, which requires some overt act, conspiracy becomes punishable even at the stage of agreement.
- However:
- For minor offences (not punishable with death, life imprisonment, or 2+ years’ imprisonment), some act in pursuance of the agreement must be done to make it punishable.
- For major offences (serious crimes), the agreement itself is enough to establish liability.
2. Purpose of Section 61
The law aims to:
- Prevent organised crime by punishing the planning stage itself.
- Deter secrecy and collusion in criminal activities.
- Protect society from offences like terrorism, drug trafficking, corruption, smuggling, and economic frauds, which usually begin with conspiracies.
- Empower law enforcement to act before a crime is carried out.
3. Essential Ingredients of Section 61
To prove a criminal conspiracy under Section 61, the following must be established:
- Agreement: There must be an agreement between two or more persons.
- Illegal Object: The agreement must be to do an illegal act, or a legal act by illegal means.
- Intention: There must be an intention to commit the offence.
- Act in Furtherance (for minor offences): If the conspiracy relates to a lesser offence, at least one act in pursuance of the conspiracy should be proved.
4. Punishment under BNS Section 61
The punishment depends on the nature of the offence conspired:
- 61(a): If the conspiracy is to commit an offence punishable with death, life imprisonment, or rigorous imprisonment of 2 years or more →
Same punishment as abetment of that offence. - 61(b): For any other criminal conspiracy →
Imprisonment up to 6 months, or fine, or both.
The rules of cognizability, bailability, and trial court also depend on the offence which is the object of conspiracy.
5. Examples of Section 61 in Action
- Terrorism Plot: Two persons in Delhi agree to plan a terrorist attack. Even if the attack is not carried out, the agreement itself is punishable.
- Drug Trafficking: A group conspires to smuggle drugs into India. Conspiracy is punishable even if the smuggling is not successful.
- Corporate Fraud: Company directors secretly agree to falsify accounts for tax evasion. This is a conspiracy to commit fraud.
- Cheating Case: Two friends agree to cheat a shopkeeper of small goods worth less than 2 years’ punishment. Unless they actually act upon it, conspiracy is not punishable.
- Murder Plan: Three men agree to kill a rival businessman. Even if no act is done, the agreement itself attracts punishment equal to abetment of murder.
6. Importance of Section 61
- Strengthens preventive justice by targeting crime at its root (planning stage).
- Recognises that conspiracies are often more dangerous than individual acts.
- Helps curb organised crime, terrorism, and corruption.
- Ensures that criminals cannot escape liability just because the actual offence was not committed.
Section 61 BNS Overview
BNSS Section 61 defines criminal conspiracy as an agreement between two or more people to commit an illegal act, or to commit a legal act but in an illegal way. The agreement itself is enough to make it a crime, even if the actual act is not carried out. This section ensures that people who gather and plan unlawful acts are punished before their plans can cause harm to society.
Detailed Explanations of BNSS Section 61
1. What is a Criminal Conspiracy?
A criminal conspiracy happens when two or more people agree to do something illegal or to do something legal in an illegal way. For example, agreeing to rob a bank is a conspiracy, and so is agreeing to run a legal business by bribing officials.
2. Agreement is Important
The most important element of conspiracy is the agreement itself. Even if nothing happens afterward, the fact that people agreed to commit a crime makes it punishable. This prevents dangerous plans from growing unchecked.
3. Need for Action
For lesser crimes, at least one person involved must take a step toward carrying out the plan. This step can be small—like buying tools for burglary or collecting information. For serious crimes like murder or terrorism, the agreement alone is enough.
4. Types of Conspiracy
Section 61 recognizes two categories:
- Serious conspiracies (like murder, terrorism, dacoity)
- Less serious conspiracies (like minor frauds or mischief).
The law sets different punishments depending on how dangerous the planned act is.
5. Serious Conspiracies
If the agreement is to commit a very serious crime—punishable by death, life imprisonment, or long-term imprisonment—the law treats it as extremely grave. Just planning such crimes is seen as a major threat to society.
6. Punishment for Serious Conspiracies
For serious conspiracies, the punishment is the same as for the actual crime. So, if the conspiracy was to commit murder, the conspirators can face death penalty or life imprisonment, even if the murder never happened.
7. Less Serious Conspiracies
If the conspiracy is about a less serious offence, the punishment is lighter. In such cases, a person may face up to six months of imprisonment, a fine, or both. This ensures balance between protecting society and not punishing small wrongs too harshly.
8. Cognizable and Non-Cognizable Offences
Whether conspiracy is cognizable (police can arrest without warrant) or non-cognizable (police need a warrant) depends on the planned crime. For serious offences like terrorism or murder, it is cognizable; for minor conspiracies, it is non-cognizable.
9. Bailable and Non-Bailable
The question of bail also depends on the seriousness of the planned crime. If the planned act is grave (like murder, kidnapping, terrorism), the conspiracy is non-bailable. If it is for a minor offence, it may be bailable.
10. Where is the Case Tried?
The conspiracy case is tried in the same court that would try the main crime. For example, if the conspiracy is for murder, the sessions court handles it. If it is for a minor offence like mischief, it is tried in a Magistrate’s court.
BNS 61 Punishment
Imprisonment:
- For serious conspiracies (like those leading to death, life imprisonment, or rigorous imprisonment for two years or more), the punishment is as severe as if the person had directly helped commit the crime.
- For less serious conspiracies, the imprisonment can be up to six months.
Fine:
- In less serious cases, the punishment might include a fine instead of or along with imprisonment.
BNS 61 bailable or not ?
Whether the offence under BNS Section 61 is bailable or non-bailable depends on the nature of the crime that is the object of the conspiracy. If the crime is serious (cognizable and non-bailable), the conspiracy is also non-bailable. For less serious crimes, it is bailable.
Bharatiya Nyaya Sanhita Section 61
| Section | Offence | Punishment | Cognizable / Non-cognizable | Bailable / Non-bailable | By What Court Triable |
|---|---|---|---|---|---|
| 61(a) | Criminal conspiracy to commit an offence punishable with death, life imprisonment, or rigorous imprisonment of two years or more. | Same as for abetment of the offence which is the object of the conspiracy. |
Depends on the offence. Serious crimes → Cognizable. Minor crimes → Non-cognizable. |
Depends on the offence. Serious crimes → Non-bailable. Minor crimes → Bailable. |
Tried by the same court which tries the abetment of that offence. |
| 61(b) | Any other criminal conspiracy (not covered under 61a). | Imprisonment up to 6 months, or fine, or both. | Non-cognizable. | Bailable. | Magistrate of the First Class. |
Comparison: BNS Section 61 vs IPC Sections 120A & 120B
| Section | What it Means | Punishment | Bailable or Not | Cognizable or Not | Who Can Try |
|---|---|---|---|---|---|
| BNS Section 61 |
If two or more people agree to do something illegal, or do something legal in an illegal way, it is called criminal conspiracy. • For big crimes (like murder, terrorism) → only agreement is enough. • For smaller crimes → at least one step must be taken towards the plan. |
• For big crimes → same punishment as the crime itself. • For small crimes → up to 6 months jail, or fine, or both. |
Depends on the crime planned. Big crimes → Non-bailable. Small crimes → Bailable. |
Depends on the crime planned. Big crimes → Cognizable (police can arrest without warrant). Small crimes → Non-cognizable (warrant needed). |
The same court that handles the main crime. Sessions Court for serious crimes, Magistrate for minor ones. |
| IPC Sections 120A & 120B (Old) |
Old IPC also defined criminal conspiracy the same way – agreement to do something illegal or to do something legal by illegal means. • For big crimes → agreement itself was enough. • For small crimes → at least one act was needed. |
• For big crimes → same as punishment for the main crime. • For small crimes → up to 6 months jail, or fine, or both. |
Depends on the crime planned. Big crimes → Non-bailable. Small crimes → Bailable. |
Depends on the crime planned. Big crimes → Cognizable. Small crimes → Non-cognizable. |
The same court that tried the main crime. Sessions Court or Magistrate depending on seriousness. |
BNS Section 61 FAQs
What is a criminal conspiracy under BNS Section 61?
A criminal conspiracy is when two or more people agree to commit an illegal act or achieve a legal act through illegal means.
Does a conspiracy become criminal automatically?
No, the conspiracy becomes criminal only when some action is taken to pursue the illegal goal.
What is the BNS section 61 punishment for being part of a criminal conspiracy?
The punishment depends on the seriousness of the crime: for serious crimes, it’s the same as abetment; for less serious crimes, up to six months of imprisonment or a fine.
BNS Section 61 criminal conspiracy bailable?
It depends on the crime involved in the conspiracy. For serious crimes, it’s non-bailable; for less serious crimes, it’s bailable.
What kind of acts can be part of a criminal conspiracy?
The acts can be illegal themselves or legal acts done through illegal means.
Conclusion
BNS Section 61 strengthens India’s legal framework against criminal conspiracy, ensuring that individuals who come together with unlawful intent face legal consequences even before the crime is executed. By classifying conspiracies into serious and minor categories, the law maintains a balance between protecting society and avoiding excessive punishment for trivial agreements. It also aligns with modern challenges such as cybercrimes, terrorism, organized crime, and corruption, where conspiracies often play a bigger role than direct actions. Overall, Section 61 reflects India’s commitment to preventing crime at its root by penalizing the very agreement to offend.
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Finished with BNS 61 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
- BNS 62 : Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment.
- https://marriagesolution.in/bns_section/bns-section-62/
- BNS Section 63 : Rape .
- https://marriagesolution.in/bns_section/bns-section-63/
- BNS Section 64 : Punishment for rape .
- https://marriagesolution.in/bns_section/bns-section-64/
- BNS Section 65 : Punishment for rape in certain cases.
- https://marriagesolution.in/bns_section/section-65-bns/
- BNS Section 66 : Punishment for causing death or resulting in persistent vegetative state of victim
- https://marriagesolution.in/bns_section/bns-66/
Full IPC Section List: https://marriagesolution.in/ipc-section-list
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Full BNSS Section List: https://marriagesolution.in/bnss_section-list