BNS 61 — Criminal conspiracy.

Bharatiya Nyaya Sanhita, 2023

Statutory text

61. (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.
Of attempt
Punishment  for  attempting  to  commit  offences  punishable  with
imprisonment for life or other imprisonment.

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