Section 61 of BNS: Criminal Conspiracy – Agreement to Commit or Enable Illegal Acts

Section 61 defines criminal conspiracy as an agreement between two or more persons to commit an illegal act or to achieve a legal act through illegal means. The section outlines what constitutes conspiracy, and what punishments apply depending on the seriousness of the planned offence.

Key Provisions:

(1) Definition of Criminal Conspiracy:

  • If two or more persons agree with a common object to:
    • (a) Do or cause to be done any illegal act, or
    • (b) Do a legal act but by illegal means,
      ➤ Such agreement is termed criminal conspiracy.
  • Proviso:
    If the agreement is not to commit a specific offence, some overt act must be done in pursuance of the agreement for it to be considered conspiracy.
  • Explanation:
    It does not matter whether the illegal act is the main goal or just incidental to the goal of the agreement.

(2) Punishment for Criminal Conspiracy:

  • (a) If the conspiracy is to commit an offence punishable with death, life imprisonment, or rigorous imprisonment of 2 years or more:
    • If there is no specific punishment provided elsewhere, the conspirator shall be punished as if they had abetted the offence.
  • (b) If the conspiracy is for any lesser offence:
    • Punishable with imprisonment up to 6 months, or
    • Fine, or
    • Both.

How It Protects:

  • Targets early stages of crime where planning and coordination happen.
  • Allows law enforcement to intervene before crimes are executed.
  • Differentiates between major and minor conspiracies with proportionate punishment.

Example:

  • A and B agree to rob a bank. Even before the robbery happens, this agreement itself is a criminal conspiracy, and both are punishable as if they abetted robbery.
  • If C and D agree to spread unauthorized posters using forged permits, and one of them buys fake stamps for that, they are part of a criminal conspiracy, even though the act isn’t illegal by itself.