BNS Section 61 – Criminal conspiracy

Amit Kapoor08 mins

Sections in IPC – 120A – 120B

Criminal conspiracy

(1)When two or more persons agree 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.

Key Points on BNS-61: Criminal Conspiracy

BNS-61 addresses criminal conspiracy, defining the agreement between two or more persons to commit illegal acts or legal acts through illegal means. The section outlines the punishments for those involved in such conspiracies.

1. Criminal Conspiracy Definition

  • A criminal conspiracy occurs when two or more persons agree to:
    • (a) Commit an illegal act, or
    • (b) Do a legal act by illegal means.
    The agreement itself constitutes the conspiracy, whether or not the crime is carried out.

2. Criminal Conspiracy Requirements

  • Agreement: The mere agreement to commit an offence is sufficient to constitute a criminal conspiracy, with no further action required.
  • Additional Acts: If the conspiracy is not directly related to an offence, at least one party must take some action in pursuance of the agreement for it to be punishable.

3. Explanation

  • Incidental Illegal Acts: It is irrelevant whether the illegal act is the main objective of the conspiracy or merely incidental to a broader goal. If the conspiracy involves an illegal act, even if secondary, it is still treated as a criminal conspiracy.

4. Punishment for Criminal Conspiracy

The penalties for criminal conspiracy depend on the nature of the offence being conspired:

  • (a) Conspiracy to Commit a Serious Offence:
    • For offences punishable by death, life imprisonment, or rigorous imprisonment for two years or more, the conspirator is punished as if they had abetted the offence.
    • If there is no specific provision for the punishment of the conspiracy, the conspirator receives the same punishment as for abetment of the offence.
  • (b) Conspiracy to Commit Less Serious Offences:
    • For conspiracies involving less serious offences, the punishment can include:
      • Imprisonment for up to six months, or
      • A fine, or both imprisonment and fine.

5. Key Definitions and Clarifications

  • Illegal Act: Any act that is prohibited by law or criminal in nature.
  • Legal Act by Illegal Means: A lawful action that is carried out using unlawful or criminal methods.
  • Agreement: The agreement between parties is the critical element for a conspiracy. The parties must have a mutual understanding to commit an illegal act or to do a legal act through illegal means.

6. Implications

  • Punishment for Agreement: A criminal conspiracy is punishable based on the agreement between the parties, even if no illegal act is executed.
  • Seriousness of the Offence: The punishment depends on the severity of the offence being conspired. More severe conspiracies, such as those involving murder or life imprisonment, incur harsher penalties.

Summary

BNS-61 establishes that when two or more individuals agree to commit an illegal act or a legal act by illegal means, they form a criminal conspiracy. The penalties for such conspiracies vary based on the seriousness of the offence. For less serious offences, the conspirators must take action in furtherance of the agreement for it to be punishable. The law also makes it clear that the illegality of the act does not depend on whether it is the main objective or merely incidental to the larger plan.

Details of the Offence

  • Offence: Criminal conspiracy to commit an offence punishable with death, imprisonment for life, or rigorous imprisonment for a term of 2 years or more.
    • Punishment: Same as for abetment of the offence that is the object of the conspiracy.
    • Cognizable or Non-cognizable: As per the offence that is the object of the conspiracy.
    • Bailable or Non-bailable: As per the offence that is the object of the conspiracy.
    • Court: The offence is triable in the court with jurisdiction over the abetment of the offence.
  • Offence: Any other criminal conspiracy.
    • Punishment: Imprisonment for up to 6 months, or a fine, or both.
    • Cognizable or Non-cognizable: Non-cognizable.
    • Bailable or Non-bailable: Bailable.
    • Court: The offence is triable in a Magistrate’s Court of the first class.

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