BNS §61
Criminal conspiracy
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Comparison
120B. Punishment of criminal conspiracy.—(1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death, 1[imprisonment for life] or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence.
(2) Whoever is a party to a criminal conspiracy 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.] CHAPTER VI OF OFFENCES AGAINSTTHE STATE
(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.
(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.
What changedAI-inferred
IPC Section 120B prescribed a two-tier punishment scheme for parties to a criminal conspiracy: (a) abetment-equivalent punishment for conspiracies to commit offences punishable with death, life imprisonment, or rigorous imprisonment of two years or more; (b) up to 6 months / fine / both for other conspiracies. BNS Section 61(2)(a) and (b) carry this scheme character-identically. Two-old-into-one-new consolidation pattern.
Old position
IPC 120B is concerned with Punishment of criminal conspiracy. Punishment of criminal conspiracy
New position
BNS 61 preserves the framework with drafting modernisations as required by the new code. Topic: Criminal conspiracy. When two or more persons agree with the common object to do, or cause to be done
IPC Section 120B prescribed a two-tier punishment scheme for parties to a criminal conspiracy: (a) abetment-equivalent punishment for conspiracies to commit offences punishable with death, life imprisonment, or rigorous imprisonment of two years or more; (b) up to 6 months / fine / both for other...
Editorial deltaAI-indicated (source-linked)
IPC Section 120B prescribed a two-tier punishment scheme for parties to a criminal conspiracy: (a) abetment-equivalent punishment for conspiracies to commit offences punishable with death, life imprisonment, or rigorous imprisonment of two years or more; (b) up to 6 months / fine / both for other conspiracies. BNS Section 61(2)(a) and (b) carry this scheme character-identically. Two-old-into-one-new consolidation pattern.
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IPC 120B continues to apply. For matters from that date forward, BNS 61 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNS 61 (Criminal conspiracy). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Indian Penal Code, 1860
- Gazette of India — Bharatiya Nyaya Sanhita, 2023
Cite this page
Newlaws.in, IPC §120B → BNS §61 Mapping Page, last updated 2026-05-01, accessed 2026-06-14, https://newlaws.in/bns/61.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
Not legal advice. Verify against the bare act and consult a qualified advocate for any specific matter.