Section 61 – Bharatiya Nyaya Sanhita (BNS) – Criminal Conspiracy.

Code: Exact Text of Section 61 BNS

Section 61 BNS
(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.

Explanation of Section 61 BNS

Section 61 BNS defines criminal conspiracy as an agreement between two or more persons to commit an illegal act or a legal act by illegal means.

Key Provisions

1. Agreement is the Key Factor:
   • The offence of criminal conspiracy does not require the act to be completed.
   • The mere agreement to commit a crime is enough to constitute an offence.
2. Two Categories of Punishment:
   • If the conspiracy involves an offence punishable with death, life imprisonment, or rigorous imprisonment of two years or more, then the punishment for conspiracy is the same as abetment of that offence.
   • If the conspiracy involves any other offence, the punishment may be up to six months of imprisonment or fine or both.
3. Action Beyond Agreement Required (in some cases):
   • If the agreement is only to commit an offence, then no additional act is needed for it to be criminal conspiracy.
   • If the agreement is to commit an act that is not an offence but illegal by illegal means, then some overt act must be done to implement the agreement.

Illustration Examples

Example 1: Planning a Bank Robbery

A, B, and C plan to rob a bank. Even if they do not execute the robbery, their agreement itself constitutes criminal conspiracy under Section 61 BNS.

Example 2: Bribery to Win a Contract

X and Y agree to bribe a government official to secure a contract. Even if the bribe is not yet given, they have committed criminal conspiracy.

Example 3: Planning to Print Fake Currency

P and Q agree to print counterfeit currency. If they take any step towards this, such as buying a printing machine, they can be prosecuted under Section 61 BNS.

Common Questions & Answers on Section 61 BNS

1. Can a person be punished for criminal conspiracy even if the crime was never committed?

Yes. The law punishes the agreement itself, not just the completed crime.

2. How many people are required for a conspiracy?

At least two people must be involved in an agreement for it to be considered a criminal conspiracy.

3. What if one conspirator withdraws before the crime is committed?

Withdrawal does not absolve the person of liability unless they take active steps to prevent the crime.

4. Does a person need to take any action beyond the agreement to be guilty?

• If the agreement is to commit an offence, no further act is required.
• If the agreement is to achieve a legal act through illegal means, then an overt act is required.

5. What is the difference between criminal conspiracy and abetment?

• Abetment involves helping, encouraging, or facilitating an offence.
• Criminal conspiracy is when two or more persons agree to commit a crime, even if it is not executed.

Conclusion

Section 61 BNS ensures that even planning a crime is punishable, discouraging criminal collaboration before any harm is done. The section provides strict penalties, especially for serious offences, ensuring that law enforcement can act before a crime is committed.

🔗 Related Sections:

• Section 62 BNS – Attempt to Commit Offences
• Section 63 BNS – Abetment

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