Criminal conspiracy
What this section does
Defines criminal conspiracy as an agreement between two or more persons to do an illegal act, or a legal act by illegal means. For conspiracies not involving a cognizable offence, an overt act beyond the agreement itself is required. Punishment varies depending on the gravity of the offence that is the object of the conspiracy.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Quick reference
- Punishment
- For conspiracy to commit an offence punishable with death, life imprisonment, or rigorous imprisonment of 2 years or more: same as for abetment of that offence. For all other criminal conspiracies: imprisonment of either description up to 6 months, or fine, or both.
- Triable by
- depends on the offence that is the object of the conspiracy
- Cognizable
- Depends
- Bailable
- Depends
- Compoundable
- No
Ingredients (what prosecution must prove)
- Agreement between two or more persons
- Common object to commit an illegal act, or a lawful act by illegal means
- Where the conspiracy is not to commit an offence: at least one overt act done by a party in pursuance of the agreement
Practitioner note
The proviso limits criminal conspiracy (for non-offence agreements) to cases where an overt act is performed. The Explanation clarifies that the illegal act need not be the ultimate object — it may be merely incidental.
Derived from IPC s.120A and s.120B.
Read the official text
For the binding statutory text of BNS Section 61, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 61 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.