BNS Section 61 – Criminal Conspiracy

BNS Section 61, a cornerstone of the Bharatiya Nyaya Sanhita, addresses the offense of criminal conspiracy. This provision is a significant tool for law enforcement as it allows for the prosecution of individuals for planning a crime, even if the planned act is never carried out. It is the direct equivalent of Section 120A of the Indian Penal Code (IPC). The law is designed to prevent serious crimes by targeting the very agreement to commit them.

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.

Simplified Explanation of BNS Section 61

BNS Section 61 has two distinct parts, or subsections, to make the law clear and precise. It is a standard legal practice to break down a single topic into multiple parts for better clarity.

BNS Section 61 (1): The Definition

This part of the section defines what a criminal conspiracy is. It says that when two or more people agree to do an illegal act or agree to do a legal act by illegal means, it is a criminal conspiracy. It is the "what" part of the law. For example, if two people agree to steal a car, that is a criminal conspiracy, even if they have not taken any action yet.

BNS Section 61 (2): The Punishment

This part of the section deals with the punishment for the crime defined in 61 (1). It sets different punishments based on the severity of the crime that the conspirators planned. It is the "consequence" part of the law. For example:

• If the plan was to commit a very serious crime (like murder), the punishment is severe.
• If the plan was to do something illegal but less serious (like causing a minor inconvenience), the punishment is less severe.

By separating these two parts, the law is easy to follow: first, you look at the definition to see if a crime was committed, and then you look at the punishment to see what the consequences are. This structure makes the law logical and prevents confusion.

Practical Examples Illustrating

• Example 1 (Conspiracy to commit an offense): A and B agree to plant a bomb in a public building to cause explosions. The moment they agree, they are guilty of criminal conspiracy under BNS Section 61, even if they are caught before they take any action to procure the bomb or plant it.
• Example 2 (Conspiracy to commit a non-offense): A and B, both rivals of C, agree to get C fired from his job by falsely claiming he harassed them. The act of filing the false complaint would be the act done in pursuance of the agreement. They are not committing a criminal offense until they file the false complaint.

BNS Section 61: Legal Breakdown

This table provides a simple breakdown of the key aspects of BNS Section 61, which deals with the offense of criminal conspiracy. It explains the nature of the offense, its punishment, and important legal classifications like whether it is cognizable or bailable. This guide is designed to help you quickly understand the core elements of the law in a straightforward format.

Key Improvements and Changes: IPC 120A to BNS 61

The new Bharatiya Nyaya Sanhita (BNS) Section 61 on criminal conspiracy is a simpler version of the old Indian Penal Code (IPC) Section 120A. While the legal meaning is the same, the BNS has removed old words and organized the law better. In the old IPC, Sections 120A and 120B were added as separate sections, but the new BNS combines everything into a single, complete Section 61. This new structure puts the law on criminal conspiracy, abetment, and attempt together in one place, making it easier to understand and use. This change is a modern way of writing laws to be more organized and less fragmented.