Section 61 BNS: Criminal Conspiracy

Table of Contents

Section 61 BNS | BNS 61 | Criminal Conspiracy Section in BNS

61(1) BNS

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.

61(2) BNS

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.

READ OTHER SECTIONS OF CHAPTER IV — OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT

Section No.	Section Title
	Of Abetment
45	Abetment of a thing.
46	Abettor.
47	Abetment in India of offences outside India.
48	Abetment outside India for offence in India.
49	Punishment of abetment if act abetted is committed in consequence and where no express provision is made for its punishment.
50	Punishment of abetment if person abetted does act with different intention from that of abettor.
51	Liability of abettor when one act abetted and different act done.
52	Abettor when liable to cumulative punishment for act abetted and for act done.
53	Liability of abettor for an effect caused by act abetted different from that intended by abettor.
54	Abettor present when offence is committed.
55	Abetment of offence punishable with death or imprisonment for life.
56	Abetment of offence punishable with imprisonment.
57	Abetting commission of offence by public or by more than ten persons.
58	Concealing design to commit offence punishable with death or imprisonment for life.
59	Public servant concealing design to commit offence which it is his duty to prevent.
60	Concealing design to commit offence punishable with imprisonment.
	Of Criminal Conspiracy
61	Criminal conspiracy.
	Of Attempt
62	Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment.

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FAQs of BNS Section 61

61 BNS punishment and fine

Punishment and fine under Section 61 of the BNS—

61(2)(a): Same as for abetment of the offence which is the object of the conspiracy.
61(2)(b): Imprisonment for 6 months, or fine, or both.
61 BNS cognizable or not

61(2)(a): According as the offence which is the object of conspiracy is cognizable or non-cognizable.
61(2)(b): Non-cognizable.
61 BNS bailable or not

61(2)(a): According as offence which is object of conspiracy is bailable or non-bailable.
61(2)(b): Bailable.
61 BNS trial court

61(2)(a): Court by which abetment of the offence which is the object of conspiracy is triable.
61(2)(b): Magistrate of the first class.

Important Points

Cognizable Offences: These are offences where a police officer can arrest a person without a warrant.

Non-Cognizable Offences: These are offences where a police officer cannot arrest a person without a warrant.

Bailable Offences: These are offences where the accused can get bail from the police station itself. All bailable offences are listed in the First Schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

Non-Bailable Offences: Offences in which bail is not granted directly from the police station but after hearing the case in the court, the judge decides when bail will be granted. All non-bailable offences are listed in the first schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS).