Section 61 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 61 of the Bharatiya Nyaya Sanhita (BNS), 2023, addresses the offense of criminal conspiracy. It defines the act and outlines the penalties for those involved in such conspiracies.
๐ Text of Section 61
(1) When two or more persons agree with a common objective to:
(a) commit an illegal act; or
(b) commit a legal act by illegal means,
such an agreement is designated as a criminal conspiracy
Provided that no agreement, except an agreement to commit an offense, 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 offense 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 offense
(b) other than a criminal conspiracy to commit an offense punishable as aforesaid, shall be punished with imprisonment of either description for a term not exceeding six months, or with fine, or with both.
โ๏ธ Correspondence with Indian Penal Code (IPC)
Section 61 of the BNS, 2023, corresponds to Section 120A and Section 120B of the Indian Penal Code (IPC), 1860. Section 120A defines criminal conspiracy, while Section 120B prescribes the punishment for criminal conspiracy. The BNS retains the essence of these provisions, with some modifications in terminology and structure.
๐งพ Key Elements of Criminal Conspiracy under Section 61
Agreement: There must be an agreement between two or more persons.(
Common Object: The agreement must be with a common objective.
Illegal Act or Illegal Means: The objective must be to commit an illegal act or to commit a legal act by illegal means.
Overt Act: At least one party must perform an overt act in furtherance of the conspiracy.
Punishment: The severity of the punishment depends on the nature of the offense intended by the conspiracy.
๐ Importance
Section 61 underscores the principle that mere agreement to commit a crime, coupled with an overt act, is punishable, even if the crime itself is not completed. This provision aims to deter individuals from planning and conspiring to commit offenses, thereby strengthening the legal framework against organized crime and unlawful collaborations.
In summary, Section 61 of the BNS, 2023, provides a comprehensive definition of criminal conspiracy and outlines the penalties for those involved, aligning with and building upon the provisions of the IPC
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