Section 120B of the Indian Penal Code punished criminal conspiracy: an agreement between two or more persons to do an illegal act, or a legal act by illegal means (defined in Section 120A). Since 1 July 2024 both are in Section 61 of the Bharatiya Nyaya Sanhita, 2023 (BNS): the definition is Section 61(1) BNS (formerly Section 120A IPC) and the punishment Section 61(2) BNS (formerly Section 120B IPC). Where the conspiracy is to commit an offence punishable with death, imprisonment for life or rigorous imprisonment of two years or more, the conspirator is punished “in the same manner as if he had abetted such offence”. Any other criminal conspiracy carries imprisonment of up to six months, or fine, or both.
Is it bailable? The First Schedule of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) makes a Section 61(2)(a) conspiracy cognizable or not, and bailable or not, “according as” the offence that is its object. So a conspiracy to commit murder is non-bailable, like murder. Only the residual category, “Any other criminal conspiracy”, is fixed: non-cognizable, bailable and triable by a Magistrate of the first class.
Section 120B IPC / Section 61 BNS at a glance
- New number: Section 61(2) BNS (formerly Section 120B IPC); the definition is Section 61(1) BNS (formerly Section 120A IPC). In force from 1 July 2024.
- What is it? Two or more persons agreeing “with the common object” to do an illegal act, or a legal act by illegal means. If the object is an offence, the agreement alone is enough (Section 61(1) BNS).
- Punishment: conspiracy to commit an offence punishable with death, life imprisonment or rigorous imprisonment of 2 years or more – as if the person had abetted that offence (Section 61(2)(a)); any other – up to 6 months, or fine, or both (Section 61(2)(b)).
- Bailable or not? Under Section 61(2)(a), “According as” the object offence is bailable or non-bailable (BNSS First Schedule); under Section 61(2)(b), bailable and non-cognizable.
- Compoundable? Section 61 is not in either table of Section 359 BNSS, and Section 359(9) allows no other compounding.
- Consent for minor conspiracies: a court cannot take cognizance of a Section 61(2)(b) conspiracy without the written consent of the State Government or the District Magistrate (Section 217(3) BNSS, formerly Section 196(2) CrPC).
- Evidence: what one conspirator says, does or writes about the common intention is relevant against all (Section 8 BSA, formerly Section 10 of the Evidence Act).
Reviewed and updated by Century Law Firm, Delhi – October 2026. Statutory references are to the Acts as in force on that date. The Bharatiya Nyaya Sanhita, 2023, the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Bharatiya Sakshya Adhiniyam, 2023 are quoted from their English texts on India Code (as on 6 October 2025, the current version on 23 October 2026) and the BNS and BNSS also from their official Hindi texts on India Code; the Indian Penal Code and the Code of Criminal Procedure, 1973 from their India Code texts (both repealed with effect from 1 July 2024 by the Acts of 2023 that replaced them); the Supreme Court’s judgment in Ram Sharan Chaturvedi (2022) and its reportable order in Pulkit @ Monu (2026) from the Court’s official copies.
Section 61 BNS (formerly Sections 120A and 120B IPC): the full text
Section 61 sits in Chapter IV of the BNS, “Of abetment, criminal conspiracy and attempt”. It reads:
“61. Criminal conspiracy.—(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.”
The BNS came into force on 1 July 2024 (notification S.O. 850(E) dated 23 February 2024, as noted on India Code). India Code’s text of the BNS, as on 6 October 2025, shows no amendment to Section 61.
Section 61 BNS in Hindi: the official text (धारा 61, भारतीय न्याय संहिता, 2023)
The official Hindi text of the Sanhita, as printed in the Gazette of India and published on India Code, places it under the sub-heading “आपराधिक षड्यंत्र के विषय में”, with the marginal heading “आपराधिक षड्यंत्र ।” It reads:
“61. (1) जब दो या अधिक व्यक्ति—
(क) कोई अवैध कार्य ; या
(ख) कोई ऐसा कार्य, जो अवैध नहीं है, अवैध साधनों द्वारा, करने या करवाने के लिए सामान्य उद्देश्य से सहमत होते हैं, तब ऐसी सहमति आपराधिक षड्यंत्र कहलाती है :
परंतु किसी अपराध को करने की सहमति के सिवाय कोई सहमति आपराधिक षड्यंत्र तब तक न होगी, जब तक कि सहमति के अतिरिक्त कोई कार्य उसके अनुसरण में उस सहमति के एक या अधिक पक्षकारों द्वारा नहीं कर दिया जाता ।
स्पष्टीकरण—यह तत्वहीन है कि अवैध कार्य ऐसी सहमति का चरम उद्देश्य है या उस उद्देश्य का आनुषंगिक मात्र है ।
(2) जो कोई,—
(क) मृत्यु, आजीवन कारावास या दो वर्ष या उससे अधिक अवधि के कठिन कारावास से दंडनीय कोई अपराध करने के आपराधिक षड्यंत्र में शामिल होगा, यदि ऐसे षड्यंत्र के दंड के लिए इस संहिता में कोई अभिव्यक्त उपबंध नहीं है, तो वह उसी प्रकार दंडित किया जाएगा, मानो उसने ऐसे अपराध का दुष्प्रेरण किया था ;
(ख) पूर्वोक्त रूप से दंडनीय किसी अपराध को करने के आपराधिक षड्यंत्र से भिन्न किसी आपराधिक षड्यंत्र में शामिल होगा, वह दोनों में से किसी भांति के कारावास से, जिसकी अवधि छह मास से अधिक की नहीं होगी, या जुर्माने से, या दोनों से, दंडित किया जाएगा ।”
The official Hindi terms are आपराधिक षड्यंत्र (criminal conspiracy), सहमति (agreement), अवैध कार्य (illegal act), अवैध साधन (illegal means), सामान्य उद्देश्य (common object), दुष्प्रेरण (abetment) and कठिन कारावास (rigorous imprisonment). A Hindi summary of this page is given further below.
The old text: Sections 120A and 120B IPC
Sections 120A and 120B formed Chapter VA of the Indian Penal Code, “Criminal Conspiracy”, which India Code notes was inserted by Act 8 of 1913. As printed on India Code, they read:
“120A. Definition of criminal conspiracy.—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 of such agreement, or is merely incidental to that object.”
“120B. Punishment of criminal conspiracy.—(1) Whoever is a party to a criminal conspiracy 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 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.”
“Imprisonment for life” replaced “transportation” in Section 120B from 1 January 1956 (Act 26 of 1955, India Code footnote). The firm’s Gazette-checked comparison data records that both sections were carried into Section 61 BNS as sub-sections. Side by side, the one change in wording is that Section 61(1) says the persons “agree with the common object to do” where Section 120A said “agree to do”.
| Point | Indian Penal Code | Bharatiya Nyaya Sanhita |
|---|---|---|
| Definition | Section 120A | Section 61(1) |
| Punishment | Section 120B(1) and (2) | Section 61(2)(a) and (b) |
| Wording of the definition | “agree to do, or cause to be done” | “agree with the common object to do, or cause to be done” |
| Punishment | As if he had abetted the offence; otherwise up to 6 months, or fine, or both | Same |
| Applies to | Offences committed before 1 July 2024 | Offences committed on or after 1 July 2024 |
Other old and new numbers can be looked up with the firm’s IPC to BNS and CrPC to BNSS comparison tool.
What makes a criminal conspiracy: the elements of Section 61(1) BNS
1. Two or more persons
The definition begins “When two or more persons agree”, so a conspiracy needs at least two parties. Each person who is “a party to” it can be punished under Section 61(2).
2. An agreement with a common object
The agreement is the offence: “such an agreement is designated a criminal conspiracy”. In the Supreme Court’s words (2022), “The principal ingredient of the offence of criminal conspiracy under Section 120B of the IPC is an agreement to commit an offence.” How it is proved is explained below.
3. The object: an illegal act, or a legal act by illegal means
The parties must agree to do, or cause to be done, “(a) an illegal act; or (b) an act which is not illegal by illegal means”. “Illegal” has a wide statutory meaning: it “is applicable to everything which is an offence or which is prohibited by law, or which furnishes ground for a civil action” (Section 2(15) BNS). By the Explanation, it does not matter whether the illegal act is “the ultimate object of such agreement, or is merely incidental to that object”.
“Offence” is also wide here: for Section 61 it means “a thing punishable under this Sanhita, or under any special law or local law” (Section 2(24)(a) BNS), so a conspiracy to commit an offence under another Act, such as the Prevention of Corruption Act, 1988, can fall under Section 61.
4. An act in pursuance – only where the object is not an offence
If the agreement is to commit an offence, the agreement alone is a criminal conspiracy; the planned offence need not be committed. If the object is illegal but not an offence (for example, something that only “furnishes ground for a civil action”), it becomes a criminal conspiracy only when “some act besides the agreement is done by one or more parties to such agreement in pursuance thereof”.
Prepared by Century Law Firm from Section 61(1) and Section 2(15) of the Bharatiya Nyaya Sanhita, 2023 (official text) and the Supreme Court’s judgment in Ram Sharan Chaturvedi (2022) and its order in Pulkit @ Monu (2026).
Punishment under Section 61(2) BNS (Section 120B IPC)
The punishment depends on what the conspirators agreed to do. Section 61(2) has two limbs, and where the Sanhita makes “express provision” for a particular conspiracy, that provision applies instead of Section 61(2)(a).
Section 61(2)(a): serious conspiracies are punished like abetment
If the object is “an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards”, the conspirator “shall … be punished in the same manner as if he had abetted such offence”. Section 61(2)(a) gives no sentence of its own; it borrows the punishment for abetting the object offence, and the BNSS First Schedule says the same: “Same as for abetment of the offence which is the object of the conspiracy.”
The abetment sections then give the sentence. Where the offence is committed, Section 49 BNS (formerly Section 109 IPC) provides “the punishment provided for the offence”, and its Explanation covers an offence committed “in pursuance of the conspiracy”; in its illustration, a conspirator who procured poison for a murder “is liable to the punishment for murder”. Where the offence is not committed, Section 55 BNS (formerly Section 115 IPC) and Section 56 BNS (formerly Section 116 IPC) set the lower limits shown in the table.
Section 61(2)(b): all other conspiracies
Any other criminal conspiracy is punished “with imprisonment of either description for a term not exceeding six months, or with fine or with both”, for example a conspiracy to cause simple hurt (punishable with up to one year under Section 115(2) BNS), or one whose object is illegal without being an offence.
Express provisions for particular conspiracies
Some BNS sections punish a particular conspiracy directly, so Section 61(2)(a) gives way to them: Section 148 (formerly Section 121A IPC, conspiracy to wage war against the Government of India or to overawe a Government; its Explanation says no act in pursuance is needed), Section 111(3) (whoever “abets, attempts, conspires or knowingly facilitates” organised crime) and Section 113(3) (whoever “conspires” to commit a terrorist act). Their punishments are in the table below.
| Object of the conspiracy | Provision | Punishment |
|---|---|---|
| An offence punishable with death, life imprisonment or rigorous imprisonment of 2 years or more, and the offence is committed | Section 61(2)(a) read with Section 49 BNS | The punishment provided for that offence |
| Same, offence punishable with death or life imprisonment, not committed | Section 61(2)(a) read with Section 55 BNS | Up to 7 years and fine (up to 14 years and fine if an act causing hurt is done) |
| Same, other offence punishable with imprisonment, not committed | Section 61(2)(a) read with Section 56 BNS | Up to one-fourth of the longest term for that offence, or its fine, or both (one-half if a public servant whose duty is to prevent it is involved) |
| Any other criminal conspiracy | Section 61(2)(b) | Up to 6 months, or fine, or both |
| Waging war against the Government of India, overawing a Government | Section 148 (express provision) | Life, or up to 10 years, and fine |
| Organised crime | Section 111(3) (express provision) | 5 years to life, and fine of at least 5 lakh rupees |
| Terrorist act | Section 113(3) (express provision) | 5 years to life, and fine |
Prepared by Century Law Firm from Sections 49, 55, 56, 61, 111, 113 and 148 of the Bharatiya Nyaya Sanhita, 2023 and Section 217 and the First Schedule of the Bharatiya Nagarik Suraksha Sanhita, 2023 (official texts).
Is Section 120B IPC (Section 61(2) BNS) bailable or cognizable? Which court tries it?
The answer depends on the limb. The BNSS First Schedule has two rows for Section 61(2), and the old CrPC First Schedule had the same two rows for Section 120B IPC:
| Row | Punishment | Cognizable? | Bailable? | Triable by |
|---|---|---|---|---|
| Section 61(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.” | “Same as for abetment of the offence which is the object of the conspiracy.” | “According as the offence which is the object of conspiracy is cognizable or non-cognizable.” | “According as offence which is object of conspiracy is bailable or non-bailable.” | “Court by which abetment of the offence which is the object of conspiracy is triable.” |
| Section 61(2)(b): “Any other criminal conspiracy.” | “Imprisonment for 6 months, or fine, or both.” | “Non-cognizable.” | “Bailable.” | “Magistrate of the first class.” |
(In India Code’s English text of the BNSS the second row is numbered “61(2)(1)”; the official Hindi text numbers it “61(2)(ख)”, that is, clause (b). The entries are the same.)
So, to answer “120B IPC is bailable or not”, first identify the offence the accused allegedly conspired to commit, then read that offence’s row in the Schedule. Murder (Section 103(1) BNS) is “Cognizable. Non-bailable. Court of Session.”, so a conspiracy to murder is cognizable, non-bailable and tried by the Court of Session (the Schedule’s abetment rows point to the “Court by which offence abetted is triable”). Voluntarily causing hurt (Section 115(2) BNS) carries up to one year, so a conspiracy to cause simple hurt falls under Section 61(2)(b): non-cognizable, bailable, Magistrate of the first class.
A “bailable offence” is one “shown as bailable in the First Schedule, or which is made bailable by any other law” (Section 2(1)(c) BNSS). In a non-cognizable case the police may not arrest without warrant, and “No police officer shall investigate a non-cognizable case without the order of a Magistrate” (Section 174(2) BNSS, formerly Section 155 CrPC). For a bailable conspiracy, a person who is prepared to give bail “shall be released on bail” (Section 478 BNSS, formerly Section 436 CrPC). For a non-bailable conspiracy, bail is not a right. A police officer or a court other than the High Court or the Court of Session “may” release the accused on bail under Section 480 BNSS (formerly Section 437 CrPC), but not where there appear reasonable grounds for believing him guilty of an offence punishable with death or imprisonment for life, subject to its provisos. That bar does not bind the High Court and the Court of Session, which have their own power to grant bail under Section 483 BNSS (formerly Section 439 CrPC). Anticipatory bail may be sought from the High Court or the Court of Session under Section 482 BNSS (formerly Section 438 CrPC). The rights of an arrested person are explained in the firm’s guide on the rights of an arrestee.
Can a conspiracy case under Section 61 BNS be compounded?
Not under the compounding section, whose effect is “an acquittal” (Section 359(8) BNSS). Section 61 BNS is not listed in either table of Section 359 BNSS (formerly Section 320 CrPC). Section 359(3) extends compounding to abetment, attempts and liability under Section 3(5) or Section 190 BNS, but not to criminal conspiracy. Section 359(9) adds: “No offence shall be compounded except as provided by this section.” The old Section 320 CrPC was the same for Section 120B IPC.
The High Court’s inherent powers “to prevent abuse of the process of any Court or otherwise to secure the ends of justice” are a separate matter (Section 528 BNSS, formerly Section 482 CrPC). For the general rules, see the firm’s explainer on compoundable and non-compoundable offences.
Sanction or consent for some conspiracies: Section 217 BNSS (formerly Section 196 CrPC)
Minor conspiracies need written consent. Section 217(3) BNSS: “No Court shall take cognizance of the offence of any criminal conspiracy punishable under sub-section (2) of section 61 of the Bharatiya Nyaya Sanhita, 2023, other than a criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, unless the State Government or the District Magistrate has consented in writing to the initiation of the proceedings”. So every Section 61(2)(b) conspiracy needs that consent, unless Section 215 BNSS applies (proviso). The old Section 196(2) CrPC said the same for Section 120B IPC.
Conspiracies against the State and some public-order offences need sanction. A conspiracy to commit an offence under Chapter VII BNS (offences against the State) or under Section 196, 299 or 353(1) BNS (formerly Sections 153A, 295A and 505(1) IPC) needs “the previous sanction of the Central Government or of the State Government” (Section 217(1) BNSS). For Section 197 or 353(2) or (3) BNS, the sanction may also come from the District Magistrate (Section 217(2)).
Some conspiracies need a written complaint. Under Section 215 BNSS (formerly Section 195 CrPC), a conspiracy to commit an offence under Sections 206 to 223 BNS (except Section 209) needs the written complaint of the public servant concerned, a public servant to whom he is administratively subordinate, or a public servant he authorises; a conspiracy to commit certain offences connected with court proceedings needs the written complaint of the court.
How a conspiracy is proved: Section 8 BSA and the Supreme Court
Section 8 BSA (formerly Section 10 of the Evidence Act)
Section 8 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) reads: “Where there is reasonable ground to believe that two or more persons have conspired together to commit an offence or an actionable wrong, anything said, done or written by any one of such persons in reference to their common intention, after the time when such intention was first entertained by any one of them, is a relevant fact as against each of the persons believed to be so conspiring, as well for the purpose of proving the existence of the conspiracy as for the purpose of showing that any such person was a party to it.”
Its illustration says other conspirators’ acts are relevant against A “although he may have been ignorant of all of them”. The firm’s Gazette-checked data records no change from Section 10 of the Indian Evidence Act, 1872, except in the illustration. Two conditions limit the rule: there must first be “reasonable ground to believe” that the persons conspired, and the words or acts must be “in reference to their common intention”.
The agreement can be proved by circumstances – but suspicion is not enough
In Ram Sharan Chaturvedi v. State of Madhya Pradesh (25 August 2022) a bank’s head cashier had been convicted with the aid of Section 120B IPC because he held one set of keys to a dual-lock strong room from which money was stolen. Acquitting him, the Supreme Court recalled its earlier decision in State of Kerala v. P. Sugathan, which, in the 2022 judgment’s words, “noted that an agreement forms the core of the offence of conspiracy, and it must surface in evidence through some physical manifestation”. It explained: “It is not necessary that there must be a clear, categorical and express agreement between the accused. However, an implied agreement must manifest upon relying on principles established in the cases of circumstantial evidence.” It said it “has cautioned against replacing mere suspicion with the legal requirement of proof of agreement”.
The Court repeated the point in Pulkit @ Monu v. State of Madhya Pradesh (20 May 2026, 2026 INSC 543; conspiracy to murder under Sections 302 and 120B IPC): “To bring home the charge of conspiracy, the prosecution must prove, either by direct evidence or circumstantial, that the accused had been privy to an agreement to do, or cause to be done, an illegal act or an act which is not illegal by illegal means.” An inference of conspiracy can be drawn from circumstances, but, applying the settled test in Sharad Birdhichand Sarda v. State of Maharashtra (1984), they must form “a chain of circumstances so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused”. Motive alone “by itself cannot sustain a conviction”, and phone records of contact only after the incident had “little or no evidentiary value”. The appellant was acquitted.
Both cases were decided under Section 120B IPC, whose words Section 61 BNS largely repeats. Electronic records such as call records are discussed in the firm’s guide to electronic evidence under Section 63 BSA.
Conspiracy, abetment, common intention and organised crime: the differences
Abetment (Sections 45 to 60 BNS, formerly Sections 107 to 120 IPC). Under Section 45(b), a person abets the doing of a thing who “engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing”. So abetment by conspiracy needs an act or illegal omission in pursuance of it, while a criminal conspiracy to commit an offence under Section 61 is complete on the agreement. Abetment can also be by instigation or intentional aid, with no agreement at all.
Common intention (Section 3(5) BNS, formerly Section 34 IPC). Section 3(5) is one of the “General explanations”: “When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.” It has no punishment of its own and applies only when a criminal act has been done. Criminal conspiracy is a separate offence, punishable even if the planned offence is never committed. In Pulkit, three co-accused were convicted of the murder under Section 302 read with Section 34 IPC, while the appellant, against whom there was “no evidence regarding the presence of the appellant at the place of occurrence”, was charged with conspiracy.
Organised crime (Section 111 BNS, new). Section 111, with no IPC equivalent, covers “continuing unlawful activity” by or for an “organised crime syndicate” (“a group of two or more persons”); such activity needs a cognizable offence punishable with three years or more and more than one charge-sheet in the preceding ten years with cognizance taken. Conspiring to commit organised crime is punished under Section 111(3) (cognizable, non-bailable, Court of Session). An agreement to commit an ordinary offence that is not organised crime (and has no express conspiracy provision of its own) remains a Section 61 conspiracy.
When Section 120B IPC still applies
Section 358 BNS repealed the IPC but says the repeal does not affect “any penalty, or punishment incurred in respect of any offences committed against the Code so repealed”, and such a penalty “may be imposed as if that Code had not been repealed”. So a criminal conspiracy committed before 1 July 2024 is still charged under Section 120B IPC, and under Section 531(2)(a) BNSS a case pending on that date continues under the Code of Criminal Procedure, 1973. That is why current judgments, including the Supreme Court’s 2026 decision above, still cite Section 120B. Other numbers from the old codes appear in the firm’s BNS, BNSS and BSA explainer.
धारा 120B आईपीसी (अब धारा 61 बीएनएस) – हिंदी में सारांश (Summary in Hindi)
धारा 120B क्या है? भारतीय दंड संहिता की धारा 120B आपराधिक षड्यंत्र की सजा बताती थी और धारा 120A उसकी परिभाषा देती थी। 1 जुलाई 2024 से यह अपराध भारतीय न्याय संहिता, 2023 की धारा 61 में है: परिभाषा धारा 61(1) में और दंड धारा 61(2) में। 1 जुलाई 2024 से पहले किए गए अपराधों पर अब भी धारा 120B आईपीसी ही लागू होती है।
आपराधिक षड्यंत्र क्या है? धारा 61(1) के आधिकारिक हिंदी पाठ के अनुसार, जब दो या अधिक व्यक्ति कोई अवैध कार्य, या कोई ऐसा कार्य जो अवैध नहीं है, अवैध साधनों द्वारा, करने या करवाने के लिए सामान्य उद्देश्य से सहमत होते हैं, तब ऐसी सहमति आपराधिक षड्यंत्र कहलाती है। यदि सहमति किसी अपराध को करने की है, तो केवल सहमति ही काफी है; अपराध का हो जाना जरूरी नहीं। यदि उद्देश्य अवैध है पर अपराध नहीं, तो सहमति के अलावा किसी पक्षकार द्वारा उसके अनुसरण में कोई कार्य भी होना चाहिए।
सजा कितनी है? यदि षड्यंत्र ऐसे अपराध का है जो मृत्यु, आजीवन कारावास या दो वर्ष या उससे अधिक के कठिन कारावास से दंडनीय है, तो षड्यंत्रकारी को उसी प्रकार दंडित किया जाएगा, मानो उसने उस अपराध का दुष्प्रेरण किया था (धारा 61(2)(क))। यदि अपराध हो जाता है, तो धारा 49 के अनुसार उस अपराध की सजा; यदि नहीं, तो धारा 55 या 56 के अनुसार कम सजा। अन्य सभी षड्यंत्रों में अधिकतम छह मास का कारावास, या जुर्माना, या दोनों (धारा 61(2)(ख))। कुछ षड्यंत्रों के लिए संहिता में अलग प्रावधान है, जैसे संगठित अपराध (धारा 111(3)), आतंकवादी कार्य (धारा 113(3)) और भारत सरकार के विरुद्ध युद्ध (धारा 148)।
धारा 120B जमानती है या नहीं? इसका एक उत्तर नहीं है। भारतीय नागरिक सुरक्षा संहिता की पहली अनुसूची (आधिकारिक हिंदी पाठ) के अनुसार धारा 61(2)(क) का षड्यंत्र “इसके अनुसार कि वह अपराध, जो षड्यंत्र द्वारा उद्दिष्ट है, जमानतीय है या अजमानतीय” होता है; संज्ञेय या असंज्ञेय होना और न्यायालय भी उसी अपराध के अनुसार तय होते हैं। उदाहरण: हत्या का षड्यंत्र अजमानतीय और संज्ञेय है और सेशन न्यायालय में चलता है। “कोई अन्य आपराधिक षड्यंत्र” (धारा 61(2)(ख)) असंज्ञेय, जमानतीय और प्रथम वर्ग मजिस्ट्रेट द्वारा विचारणीय है।
समझौता और सरकारी सहमति: बीएनएस की धारा 61, बीएनएसएस की धारा 359 की समझौते (कंपाउंडिंग) वाली तालिकाओं में नहीं है। धारा 61(2)(ख) वाले षड्यंत्रों में न्यायालय तभी संज्ञान ले सकता है जब राज्य सरकार या जिला मजिस्ट्रेट ने लिखित सहमति दी हो (बीएनएसएस धारा 217(3), पहले सीआरपीसी धारा 196(2))।
सबूत: भारतीय साक्ष्य अधिनियम की धारा 8 (पहले साक्ष्य अधिनियम की धारा 10) के अनुसार, यदि यह मानने का उचित आधार है कि कुछ लोगों ने षड्यंत्र किया, तो उनमें से किसी एक द्वारा सामान्य आशय के संदर्भ में कही, की या लिखी गई बात सभी के विरुद्ध सुसंगत है। सुप्रीम कोर्ट ने राम शरण चतुर्वेदी (2022) और पुलकित उर्फ मोनू (2026) के मामलों में कहा कि षड्यंत्र का मूल तत्व सहमति है, जिसे प्रत्यक्ष या परिस्थितिजन्य साक्ष्य से साबित करना होगा; केवल संदेह या केवल मकसद (मोटिव) से सजा नहीं हो सकती। दोनों मामलों में आरोपी बरी हुए।
षड्यंत्र और दुष्प्रेरण में अंतर: षड्यंत्र द्वारा दुष्प्रेरण (धारा 45(ख)) के लिए षड्यंत्र के अनुसरण में कोई कार्य या अवैध लोप जरूरी है, जबकि अपराध करने की सहमति मात्र से धारा 61 का अपराध पूरा हो जाता है। धारा 3(5) (पहले धारा 34 आईपीसी) अलग अपराध नहीं है।
यह सारांश फर्म द्वारा तैयार किया गया है। आधिकारिक शब्द – आपराधिक षड्यंत्र, सहमति, अवैध कार्य, अवैध साधन, सामान्य उद्देश्य, दुष्प्रेरण, कठिन कारावास, संज्ञेय, असंज्ञेय, जमानतीय, अजमानतीय और प्रथम वर्ग मजिस्ट्रेट – भारतीय न्याय संहिता और भारतीय नागरिक सुरक्षा संहिता के आधिकारिक हिंदी पाठ से लिए गए हैं। धारा 61 का पूरा आधिकारिक हिंदी पाठ ऊपर दिया गया है।
Frequently asked questions
Section 120B of the Indian Penal Code, “Punishment of criminal conspiracy”, punished anyone who is a party to a criminal conspiracy, that is, an agreement of two or more persons to do an illegal act or a legal act by illegal means (defined in Section 120A). Since 1 July 2024 the same rules are in Section 61 of the Bharatiya Nyaya Sanhita, 2023; Section 120B still applies to offences committed before that date.
Section 61(2) of the Bharatiya Nyaya Sanhita, 2023. The definition in Section 120A IPC is now Section 61(1) BNS. The firm’s Gazette-checked comparison data records that both were carried into Section 61 as sub-sections; the definition now says the persons “agree with the common object to do” the illegal act. The punishment is unchanged.
For a conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment of two years or more, the same punishment as for abetting that offence (Section 61(2)(a)): the punishment for the offence itself if it is committed (Section 49 BNS), lower limits if it is not (Sections 55 and 56). Any other criminal conspiracy: up to six months, or fine, or both (Section 61(2)(b)).
It depends on the offence that was the object of the conspiracy. The BNSS First Schedule, like the old CrPC Schedule for Section 120B, makes a Section 61(2)(a) conspiracy bailable or non-bailable “According as offence which is object of conspiracy is bailable or non-bailable”. A conspiracy to murder is therefore non-bailable. “Any other criminal conspiracy” under Section 61(2)(b) is bailable.
Both follow the object offence for Section 61(2)(a): it is cognizable or not “According as the offence which is the object of conspiracy is cognizable or non-cognizable”, and it is tried by the “Court by which abetment of the offence which is the object of conspiracy is triable” (for murder, the Court of Session). A Section 61(2)(b) conspiracy is non-cognizable and triable by a Magistrate of the first class.
In the official Hindi text of the Bharatiya Nyaya Sanhita the offence is Section 61, headed “आपराधिक षड्यंत्र”. Section 61(1) defines it as a सहमति (agreement) of दो या अधिक व्यक्ति to do an अवैध कार्य, or a lawful act by अवैध साधन; Section 61(2) punishes the conspirator as if he had committed दुष्प्रेरण (abetment) of the offence, or with up to छह मास. The full Hindi text and a Hindi summary are above.
When two or more persons are alleged to have agreed to commit an offence, or to do another illegal act or a legal act by illegal means. It is often charged together with the offence that was its object, as with the murder charge “under Section 302/ 120B IPC” in the Supreme Court’s 2026 case. For offences committed on or after 1 July 2024 the charge is Section 61(2) BNS. It cannot apply to a person acting alone, since the definition needs “two or more persons”.
If the agreement is to commit an offence, the agreement alone is a criminal conspiracy; the offence need not be committed (proviso to Section 61(1) BNS). If the object is illegal but not an offence, some act besides the agreement must be done by a party in pursuance of it. Whether the offence was committed does affect the punishment under Section 61(2)(a).
By direct or circumstantial evidence of the agreement. In Ram Sharan Chaturvedi (2022) the Supreme Court said the agreement “must be proved through direct or circumstantial evidence” and need not be express, but suspicion cannot replace proof. In Pulkit @ Monu (2026) it required a complete chain of circumstances and held that motive alone “by itself cannot sustain a conviction”.
Yes, within limits. Section 8 BSA (formerly Section 10 of the Evidence Act) makes anything said, done or written by one of them “in reference to their common intention”, after that intention was first entertained, a relevant fact against each of them. It applies only “Where there is reasonable ground to believe that two or more persons have conspired together”.
Engaging in a conspiracy is one form of abetment, but abetment by conspiracy under Section 45(b) BNS (formerly Section 107 IPC) needs “an act or illegal omission” in pursuance of the conspiracy. A criminal conspiracy to commit an offence under Section 61 BNS is complete on the agreement itself. Abetment can also be by instigation or intentional aid, with no agreement at all.
Section 120B (now Section 61(2) BNS) punishes the agreement as an offence in itself. Section 34 (now Section 3(5) BNS) creates no offence: when “a criminal act is done by several persons in furtherance of the common intention of all”, each is liable for that act “as if it were done by him alone”. It needs a criminal act actually done.
Not under the compounding provision. Section 61 BNS is in neither table of Section 359 BNSS, Section 359(3) does not extend compounding to criminal conspiracy, and Section 359(9) says “No offence shall be compounded except as provided by this section.” The CrPC tables did not list Section 120B either. The High Court’s inherent powers under Section 528 BNSS are a separate matter.
Sometimes. A Section 61(2)(b) conspiracy needs the written consent of the State Government or the District Magistrate before a court takes cognizance (Section 217(3) BNSS, formerly Section 196(2) CrPC), unless Section 215 BNSS applies. Conspiracies to commit offences against the State, or under Sections 196, 197, 299 or 353 BNS, need sanction under Section 217(1) or (2).
Section 482 BNSS (formerly Section 438 CrPC) lets a person who fears arrest “on an accusation of having committed a non-bailable offence” apply to the High Court or the Court of Session, which “may, if it thinks fit” direct release on bail. Whether a conspiracy is non-bailable depends on its object offence.
No. Section 120 IPC was “Concealing design to commit offence punishable with imprisonment”, now Section 60 BNS. Sections 120A and 120B, inserted by Act 8 of 1913 as Chapter VA, deal with criminal conspiracy and are now Section 61 BNS.
Yes, for offences committed before 1 July 2024. Section 358 BNS keeps punishment incurred under the repealed IPC, which “may be imposed as if that Code had not been repealed”, and Section 531 BNSS keeps investigations, trials and appeals pending on that date under the CrPC. Offences committed on or after that date are charged under Section 61 BNS.
Conclusion
Criminal conspiracy, once Sections 120A and 120B IPC, is now Section 61 BNS. The offence is the agreement itself, and where its object is an offence nothing more need happen. The punishment, and with it bail, arrest and (through the abetment rows) the trial court, follows the offence the conspirators had in view; only minor conspiracies under Section 61(2)(b) have a fixed six-month maximum, are bailable and need written consent from the State Government or the District Magistrate before a court takes them up.
Section 8 BSA lets the words and acts of one conspirator be used against the others, but the Supreme Court acquitted in 2022 and again in May 2026 where the agreement was only suspected. A charge under Section 120B IPC or Section 61 BNS turns on the evidence of the agreement and on the offence that was its object.
Sources used for this post: the Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), Sections 2(15), 2(24), 3(5), 45, 46, 49, 55, 56, 60, 61, 103, 111, 113, 115, 148, 196, 197, 299, 353 and 358, English text on India Code (a2023-45.pdf, as on 6 October 2025) and official Hindi text on India Code (Hh202345.pdf, Section 61, Gazette page 38, read from the page image); the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), Sections 2(1)(c), (g) and (o), 174, 215, 217, 359, 478, 480, 482, 483, 528 and 531 and the First Schedule (entries for Sections 49, 55, 56, 61(2), 103(1) and 115(2)), English text on India Code (A2023-46.pdf, as on 6 October 2025) and official Hindi text on India Code (202346.pdf, First Schedule, Gazette page 378); the Bharatiya Sakshya Adhiniyam, 2023 (Act No. 47 of 2023), Section 8, English text on India Code (a2023-47.pdf, as on 6 October 2025); the Indian Penal Code, 1860 (repealed by Act 45 of 2023), Chapter VA, Sections 120A and 120B and their footnotes, India Code text (A1860-45.pdf); the Code of Criminal Procedure, 1973 (repealed by Act 46 of 2023), Sections 196 and 320 and the First Schedule entry for Section 120B, India Code consolidated text (the_code_of_criminal_procedure,_1973.pdf); the firm’s section-by-section IPC–BNS, CrPC–BNSS and Evidence Act–BSA data checked against the Gazette text; Ram Sharan Chaturvedi v. State of Madhya Pradesh, Criminal Appeal No. 1066 of 2010, Supreme Court of India, 25 August 2022, https://api.sci.gov.in/supremecourt/2009/21840/21840_2009_14_1501_37547_Judgement_25-Aug-2022.pdf; and Pulkit @ Monu v. State of Madhya Pradesh, Criminal Appeal No. 1818 of 2022, 2026 INSC 543 (reportable order), Supreme Court of India, 20 May 2026, https://api.sci.gov.in/supremecourt/2022/20333/20333_2022_14_1_71398_Judgement_20-May-2026.pdf.
