BNS Section 61 : Criminal Conspiracy

Definition of BNS Section 61

Section 61 of the BNS 2023 States:
(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 and Illustration of BNS Section 61

Criminal conspiracy involves planning and coordination among two or more people to commit a crime. Section 61 ensures that the people who plan or coordinate to commit illegal acts are brought to the book even though the act has not been carried out. This law helps to tackle crimes that involve collaboration, such as fraud, organised crime, or terrorism, by punishing the intent to commit an offense as much as the act itself.

Explanation:

Sub-section (1) lays down the definition of a criminal conspiracy, which occurs when two or more individuals agree to either:

Commit an illegal act (for example, theft or murder), or engage in a legal act through illegal means, such as bribing someone to ensure a lawful contract is awarded.

Requirement for Action: For criminal conspiracy to be proved, the agreement is not enough. There must be an act done in pursuance of the conspiracy. When no step is taken toward the execution of the plan, then the mere agreement is not sufficient to constitute criminal conspiracy. Law intends to punish the intent to commit a crime and the action taken toward the crime.

Proviso: The proviso clarifies that no criminal conspiracy is involved unless the parties have agreed to commit an offense directly if no action is taken in furtherance of the agreement. This ensures that only concrete attempts or steps toward illegal acts are criminalised.

Illustrations of Section 61:

Example of Criminal Conspiracy (Illegal Act):
Two people agree to rob a bank. They plan out the details: time, method, and escape routes. The fact that they plan it is the criminal conspiracy itself, and both are guilty, even if they haven't robbed the bank yet. The conspiracy to rob the bank, together with the efforts made to accomplish this plan- for example, obtaining weapons or casing would amount to a criminal conspiracy.

Example of Conspiracy to Commit a Legal Act by Illegal Means:
A businessman and a government official agree to award a government contract to the businessman through bribery. Here, the act of awarding the contract is legal, but the means (bribery) are illegal. Their agreement to engage in this illegal means constitutes a criminal conspiracy, and if they take steps like exchanging money or making arrangements for a bribe, they can be held accountable under this section.
Failure to Act (No Criminal Conspiracy):
Two individuals agree to kidnap a rich person for ransom but do nothing. No action is taken in furtherance of the agreement, and therefore it would not be a criminal conspiracy under Section 61, although the parties agreed to commit a crime.

Example of Agreement Without Action (No Criminal Conspiracy):
A group of people discuss robbing a store casually but do not take any other steps or actions toward the robbery, such as purchasing weapons, gathering information, or staking out the location. Since there is no act in furtherance of the agreement, it does not constitute a criminal conspiracy, even though they have agreed on the illegal act. Example of Abetting a Criminal Conspiracy:

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