Bharatiya Nyaya Sanhita 2023
Of Criminal conspiracy
Section 61 :
Criminal conspiracy :
(See section 120A,120B of IPC 1860)
Section : 61
Classification of Offence:
Offence : (2)(a) Criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of 2 years or upwards.
Punishment : Same as for abetment of the offence which is the object of the conspiracy.
Cognizable or Non-cognizable : According as the offence which is the object of conspiracy is cognizable or non- cognizable.
Bailable or Non-bailable : According as offence which is object of conspiracy is bailable or nonbailable.
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Court by which abetment of the offence which is the object of conspiracy is triable.
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Offence : (2)(b) Any other criminal conspiracy.
Punishment : Imprisonment for 6 months, or fine, or both.
Cognizable or Non-cognizable : Non-cognizable.
Bailable or Non-bailable : Bailable.
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Magistrate of the first class.
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(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.
Indian Penal Code 1860 (IPC 1860)
Chapter VA ( Section 120A to 120B ) :
Criminal Conspiracy :
Section 120A :
1.[Definition of criminal conspiracy:
(See section 61(1) of BNS 2023)
When two or more persons agree to do, or cause to be done, –
(1) an illegal act, or
(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 ofsuch agreement, or is merely incidental to that object.]
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1. Ins. by Act 8 of 1913, s. 3.
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Section 120B :
1.[Punishment of criminal conspiracy:
(See section 61(2) of BNS 2023)
Classification of Offence:
Offence : Criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of 2 years or upwards.
Punishment :Same as for abetment of offence which is the object of the conspiracy
Cognizable or Non-cognizable :According as the offence which is the object of conspiracy is cognizable or non-cognizable
Bailable or Non-bailable :According as the offence which is the object of conspiracy is bailable or non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Court by which abetment of the offence which is the object of conspiracy is triable
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Offence: Any other criminal conspiracy.
Punishment :Imprisonment for 6 months, or fine, or both
Cognizable or Non-cognizable :Non-cognizable
Bailable or Non-bailable :Bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Magistrate of the First class
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(1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death, 2.[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.
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1. Ins. by Act 8 of 1913, s. 3.
2. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation” (w.e.f. 1-1-1956).