BNS Section 61 — Criminal conspiracy
CHAPTER IV OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT — of abetment
Criminal
Summary
Sub-section (1) defines criminal conspiracy. When two or more people agree with a common object to do, or cause to be done, either (a) an illegal act, or (b) an act which is not illegal but is done by illegal means, that agreement is called a criminal conspiracy. However, unless the agreement is to commit an offence, it will not amount to a criminal conspiracy unless some act besides the agreement is done by one or more of the parties to the agreement in furtherance of it.
The Explanation to sub-section (1) clarifies that it does not matter whether the illegal act is the ultimate goal of the agreement or is only incidental to that goal.
Sub-section (2) sets out the punishment for being a party to a criminal conspiracy. Under clause (a), if the conspiracy is to commit an offence punishable with death, imprisonment for life, or rigorous imprisonment for a term of two years or more, and no express provision is made in this Sanhita for punishing such a conspiracy, the person shall be punished in the same manner as if he had abetted that offence.
Under clause (b), for any criminal conspiracy other than one to commit an offence punishable as described in clause (a), the person shall be punished with imprisonment of either description for a term not exceeding six months, or with fine, or with both.
Official 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. Of attempt
Related Judgments
- SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
- SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
- SC (2025) Vol.3 p.1531 — Supreme Court of India (2025)
- SC (2025) Vol.6 p.280 — Supreme Court of India (2025)
- SC (2025) Vol.7 p.105 — Supreme Court of India (2025)
- SC (2024) Vol.8 p.670 — Supreme Court of India (2024)
- SC (2024) Vol.6 p.129 — Supreme Court of India (2024)
- SC (2025) Vol.9 p.283 — Supreme Court of India (2025)