BNS Section 61 : Criminal Conspiracy
Section 61 of the Bharatiya Nyaya Sanhita (BNS) is part of Chapter 4 of BNS – abetment, criminal conspiracy and attempt of abetment. It defines criminal conspiracy, making it an offense to form an agreement with others to commit a crime. This section covers situations where individuals come together with a common intention to engage in unlawful activities, even if the crime has not yet been carried out.
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 Section 61 (Bharatiya Nyaya Sanhita, 2023)
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:
The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.
Key Points of BNS 61
Agreement Between Two or More Persons: Criminal conspiracy requires two or more persons to agree to commit an unlawful act.
The object of the Agreement: The agreement must have the common object of either:
Requirement of Action: More than mere agreement to a criminal conspiracy is required. One or more parties must take some act in furtherance of the agreement for it to be considered a criminal conspiracy. The mere agreement, without action, does not constitute the offense.
Proviso: This section states that the agreement cannot be considered a criminal conspiracy unless the subsequent action is taken in pursuance of the agreement, and the agreement is specifically to commit an offense.
Differences Between Section 61 of BNS 2023 and its equivalent IPC section
This section outlines the key differences between Section 61 and its equivalent Indian penal code IPC section 120A and 120B focusing on their distinct approaches to definitions, interpretations and legal principles within the framework of criminal law.
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 61 | 61(1)Criminal conspiracy definition. 61(2) Criminal conspiracy punishment. | 120A 120B | IPC section is included as a sub-section in BNS. IPC section is included as sub-section in BNS, sans heading. |
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FAQs about Section 61 of the Bharatiya Nyay Sanhita (BNS)
What is Section 61 of the Bharatiya Nyaya Sanhita?
Section 61 addresses criminal conspiracy, defining it as an agreement between two or more persons to commit an unlawful act. This provision emphasises that the mere agreement, along with overt acts in furtherance of the crime, constitutes a punishable offense under the law.
What are the elements of criminal conspiracy under Section 61?
The essential elements of criminal conspiracy under Section 61 include an agreement between two or more individuals to commit an unlawful act and at least one overt act taken in furtherance of that agreement. Both components must be proven for a conviction to occur.
What penalties are associated with criminal conspiracy under Section 61?
Penalties for criminal conspiracy under Section 61 can vary based on the nature of the crime planned. Offenders may face imprisonment, fines, or both, depending on the severity of the intended offense and the legal context surrounding the conspiracy.
Can a person be charged with conspiracy if the crime is not completed?
Yes, individuals can be charged with conspiracy under Section 61 even if the intended crime is not completed. The focus is on the agreement to commit an unlawful act and any overt acts taken towards its execution, regardless of the outcome.
How does Section 61 impact the prosecution of organised crime?
Section 61 is crucial in prosecuting organised crime by holding individuals accountable for their roles in conspiratorial agreements. It enables law enforcement to target collaborative criminal activities, enhancing public safety and deterring individuals from engaging in joint unlawful conduct.
Are there any defenses available for those accused of criminal conspiracy under Section 61?
Defenses in criminal conspiracy cases might involve challenging the existence of an agreement or disputing the actions taken towards the crime. However, proving that an agreement was made is usually sufficient for conviction.
What is the relationship between Section 61 and other sections related to conspiracies?
Section 61 provides a general framework for criminal conspiracy, while other sections may deal with specific conspiracy-related crimes. For instance, conspiracies involving terrorism or treason have distinct punishments under the BNS.
