IPC §120A → BNS §61
Definition of criminal conspiracy
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Comparison
120A. Definition of criminal conspiracy.—When two or more persons agree to do, or cause to be done,—
(1) an illegal act, or 1. Subs. by Act 10 of 2009, s. 51, for “voluntarily conceals, by any act or illegal omission, the existence of a design” (w.e.f. 27-10-2009). 2. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956). 3. Ins. by Act 8 of 1913, s. 3.
(2) 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.
(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 120A defined criminal conspiracy as an agreement between two or more persons to do (a) an illegal act, or (b) a lawful act by illegal means — with a proviso requiring an overt act for non-offence agreements, and an Explanation that the illegal act may be the ultimate or merely incidental object. BNS Section 61 absorbs this definition character-identically into sub-clause (1), including the proviso and the Explanation. Two-old-into-one-new structural pattern with substantive content preserved.
Old position
IPC 120A is concerned with Definition of criminal conspiracy. Definition 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 120A defined criminal conspiracy as an agreement between two or more persons to do (a) an illegal act, or (b) a lawful act by illegal means — with a proviso requiring an overt act for non-offence agreements, and an Explanation that the illegal act may be the ultimate or merely...
Editorial deltaAI-indicated (source-linked)
IPC Section 120A defined criminal conspiracy as an agreement between two or more persons to do (a) an illegal act, or (b) a lawful act by illegal means — with a proviso requiring an overt act for non-offence agreements, and an Explanation that the illegal act may be the ultimate or merely incidental object. BNS Section 61 absorbs this definition character-identically into sub-clause (1), including the proviso and the Explanation. Two-old-into-one-new structural pattern with substantive content preserved.
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IPC 120A 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 §120A → BNS §61 Mapping Page, last updated 2026-05-01, accessed 2026-06-12, https://newlaws.in/ipc/120A.
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.