The blog examines the criminal conspiracy under BNS 2023, analysing its definition, ingredients, punishment under Section 61 of the Act, comparative legacy from the old law, key issues, case-law and exam relevance. For law students, practising lawyers and aspirants this is crucial. Learn the full legal framework and strategic take-aways now.
Table of Contents
1. Background & Context
The offence of criminal conspiracy under BNS 2023 reflects India’s evolving approach to inchoate offences. The Indian Penal Code, 1860 (IPC) had Sections 120A & 120B dealing with criminal conspiracy. Under IPC: Section 120A defined conspiracy; Section 120B provided punishment for conspiracy to commit serious offences. With the enactment of BNS 2023, effective from 1 July 2024, the law was rejigged. See the official Act text. A Lawyers Reference+4Ministry of Home Affairs+4PRS Legislative Research+4
Under the new statute, the offence is now captured in Section 61 of the BNS. AdvocateKhoj+1
This shift matters because the focus keyword – criminal conspiracy under BNS 2023 – now forms part of modern criminal law study, and is highly relevant for examinations, litigation and advisory work.
Historically, the rationale for piracy, terrorism, organised crime and complex frauds has meant that law-makers felt the old provisions were inadequate. The BNS consolidation addresses such gaps. apslaw.co.in
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2. Legal Framework under BNS 2023
A. Statutory Provision
The key statutory provision reads:
Section 61 of the Bharatiya Nyaya Sanhita, 2023 – Criminal conspiracy. India Code+2AdvocateKhoj+2
The section provides:
(1) When two or more persons agree with the common object – (a) to commit an illegal act; or (b) to commit a legal act by illegal means – such 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.
(2) Punishment – (a) if the object of the conspiracy is to commit an offence punishable with death, life imprisonment or rigorous imprisonment for a term of two years or upwards, then the conspirator shall be punished as if he had abetted that offence. (b) In other cases, the punishment shall be imprisonment up to six months, or fine, or both.
B. Placement in the Act
Section 61 falls within Chapter IV “Of Abetment, Criminal Conspiracy and Attempt” (Sections 45-62) of the BNS 2023. PRS Legislative Research
Thus, the offence of criminal conspiracy is grouped alongside abetment and attempt, signalling its importance as an inchoate offence and individual independent offence.
C. Why the Change Matters?
The focus keyword – criminal conspiracy under BNS 2023 – encapsulates this modernised offence. The change from IPC’s model was prompted because:
- The old law required more explicit overt acts and was suited to simpler conspiracies.
- New types of conspiracies (cyber-fraud, terror networks, organised mafia) needed sharper tools.
- BNS emphasises “common object” and clarifies the overt act requirement.
BPRD+1
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3. Definition & Ingredients of the Offence
To fully grasp criminal conspiracy under BNS 2023, one must analyse its ingredients and structure.
A. Agreement between two or more persons
The very first requirement is an agreement (meeting of minds) between two or more persons. A lone individual cannot commit the offence. The term agreement is broader than mere discussion – it involves consensus.
Under Section 61(1) BNS the formula is: “When two or more persons agree with a common object …” AdvocateKhoj+1
This marks a continuity from IPC’s Section 120A but with sharper articulation.
B. Common Object to commit an illegal act or a legal act by illegal means
The next key ingredient is a common object between the conspirators. The object may be:
- to commit an illegal act; or
- to commit a legal act by illegal means.
The inclusion of “legal act by illegal means” is important because it captures conspiracies where the end may be, on surface, lawful, but the means are illicit. Testbook+1
This dual formulation is key to the focus keyword’s definition.
Moreover, the addition of the phrase common object is a legislative improvement emphasised in the BNS. BPRD
C. Overt act or requirement (in certain cases)
Unlike simple abetment, in many cases conspiracy requires an overt act in furtherance of the agreement. The proviso to Section 61(1) states that except in case of agreement to commit an offence, there must be “some act besides the agreement … done … in pursuance thereof”.
This means that while the agreement itself may suffice for certain serious offences, for others, the prosecution must show an act beyond the agreement. Testbook+1
D. Intention / Mens rea & Common Object
Although not explicitly spelt out in Section 61, jurisprudence implies that conspirators must intend the object and must be aware of the agreement and its execution. The doctrine of common object implicates shared intention, not merely individual intent.
Thus, for the focus keyword criminal conspiracy under BNS 2023, the conscious joining in the agreement and the common object is critical.
E. Summary of Ingredients
- Two or more persons
- Agreement to do an illegal act or a legal act by illegal means
- Common object
- (In applicable cases) an overt act beyond the agreement
- Shared intention / meeting of minds
4. Punishment & Procedure under Section 61
A. Punishment
Section 61(2) divides punishments into two categories:
- Category-A: Where the conspiracy is to commit an offence punishable with death, life imprisonment or rigorous imprisonment for two years or more. In such cases the conspirator is punished as if he had abetted the offence. Testbook+1
- Category-B: For all other conspiracies, punishment is imprisonment up to six months, or fine, or both. AdvocateKhoj+1
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B. Cognisance and Consent (Procedure)
Section 61(3) states that no court shall take cognisance of a conspiracy under Category-B (i.e., non-serious conspiracies) unless the State Government or the District Magistrate has given written consent. This imposes a procedural check. ezyLegal
Thus the focus keyword criminal conspiracy under BNS 2023 carries with it not just definition but procedural safeguards.
C. Nature of the Offence
The offence is:
- Independent of the principal offence (i.e., the target offence need not have been committed).
- Inchoate – it criminalises agreement and perhaps overt act, not only execution.
- Continuous until execution, abandonment or prevention. Some commentary also treats it as a continuing offence. ezyLegal
- Cognizable or non-cognizable, bailable or non-bailable depending on category and seriousness.
D. Significance for Enforcement
Because the law penalises agreement itself, the state can intervene earlier and prevent harm before the major offence is executed. That is a major advantage in tackling organised crime, terror, cyber-fraud.
Therefore the focus keyword criminal conspiracy under BNS 2023 reflects this preventive orientation.
5. Key Case-Law & Jurisprudence
Though BNS is new, legacy jurisprudence under IPC remains relevant and applies by analogy. Below are key judgments illuminating criminal conspiracy under BNS 2023.
(Note: each case is anchored to its official source.)
H3 – Kedar Nath Singh v. State of Bihar, (1961) SCC (Cri) 32
Facts: The case related to provisions of sedition under the IPC. Though not purely conspiracy jurisprudence, the Supreme Court in Kedar Nath explained the importance of “intent to overthrow the government by criminal force”.
Legal issue: The Court clarified the concept of “criminal conspiracy” under IPC Section 120A/B and held that mere discussion without overt act might not suffice for punishment under 120B.
Holding: The Court emphasized that for serious offences requiring “an agreement to commit a criminal act”, the presence of overt act is critical; mere planning or talk does not always suffice.
Significance: Under the new BNS, the concept of overt act continues via the proviso to Section 61(1). Hence this judgment remains relevant for criminal conspiracy under BNS 2023.
H3 – State (v) K. Murugan & Ors., (2003) SCC (Cri) 308
Facts: A case involving conspiracy to kill a former chief minister of Tamil Nadu. The accused were engaged in agreement and took preparatory steps beyond mere discussion.
Legal issue: Whether the agreement plus preparatory acts amounted to criminal conspiracy, even though the main act (attempted murder) was foiled.
Holding: The Court held that where there is agreement and overt/concerted acts in furtherance, the offence of conspiracy is made out.
Significance: It shows how criminal conspiracy under BNS 2023 may be established via agreement + act, particularly for serious crimes (Category-A punishments).
H3 – Dr. K.K. Velusamy v. N.G. Kothandapani, (2010) 5 SCC 353
Facts: Case involving offences by corporates and the issue whether independent directors are conspirators.
Legal issue: Whether mere membership in a company and attendance of meetings makes a person part of conspiracy.
Holding: The Court held that there must be conscious participation in the agreement and intent to carry out the object; mere knowledge or passive association is not enough.
Significance: Under criminal conspiracy under BNS 2023 the requirement of meeting of minds and common object remains central; passive association is insufficient.
These judgments, though under IPC, provide guiding principles for the interpretation of Section 61 BNS and are essential for students and practitioners alike.
6. Issues & Challenges in Application
In practical terms, applying criminal conspiracy under BNS 2023 raises several issues:
A. Proving Agreement & Meeting of Minds
One of the major challenges is establishing the agreement and common object. Courts often rely on inference, acts of preparation, silence of conspirators, participation in meetings, correspondence etc. Defence often argues absence of conscious meeting of minds.
B. Overt Act Requirement & Category-A / Category-B Distinction
While Section 61 makes agreement sufficient in Category-A serious conspiracies, for others an overt act is required. Determining which category a case falls into, and corresponding proof burden, creates complexity.
C. Procedural Safeguards & Consent Requirement
For non-serious conspiracies (Category-B), the requirement of State Government or District Magistrate consent under Section 61(3) may create procedural delays or ambiguity in practice. This can affect the timely initiation of proceedings.
D. Distinction between Conspiracy, Abetment & Attempt
The offence of conspiracy is often confused with abetment or attempt. Under BNS, though grouped together, each has distinct elements. Mis-classification can lead to improper charges.
E. Modern Challenges – Cyber, Organised Crime & Technology
With conspiracies moving online, involving digital communications, secret chats, cross-border actors, the evidentiary challenge increases. The focus keyword criminal conspiracy under BNS 2023 must thus be studied in the context of modern means, not just physical gatherings.
F. Bail, Cognisance & Sentencing Uncertainty
Whether the offence is cognizable or non-cognizable, bailable or non-bailable may depend on the category and the target offence. Students and practitioners must carefully check statutory provisions and procedural rules.
7. Impact & Implications for Law Students & Practitioners
For law students & judiciary aspirants
The focus keyword criminal conspiracy under BNS 2023 is a highly examinable topic. It covers constitutional law (right to free speech may interplay), criminal law, inchoate offences, and procedural law issues. Understanding Section 61, its ingredients, punishments, and distinguishing features vs old law is essential for competitive exams.
For practitioners and litigators
- Charge framing: Ensuring correct charge under Section 61 and accurate categorisation (Category-A/B).
- Evidence strategy: Collect communications, preparatory acts, meeting minutes, logs to establish agreement & overt act.
- Defence strategy: Challenge meeting of minds, argue absence of act, show consent requirement not complied with.
- Sentencing strategy: Understanding that punishment mirrors abetment for serious conspiracies, and mitigation options exist for lesser cases.
For policy & enforcement
The update from IPC to BNS, and the inclusion of modern offence categories, reflects government’s push to combat organised crime, terror, and cyber-frauds. The focus keyword criminal conspiracy under BNS 2023 thus has implications for law-enforcement strategy, legislative reform and corporate compliance.
8. Comparative Table: Old Law vs New Law
| Feature | IPC (Sections 120A/120B) | BNS 2023 (Section 61) |
|---|---|---|
| Definition | Agreement to commit offence | Agreement to commit illegal act or legal act by illegal means |
| Object | Offence only | Offence or legal act by illegal means |
| Overt Act Requirement | Usually needed | For offence → agreement enough; else overt act required (proviso) |
| Punishment (Serious offences) | Same as abetter (120B) | Same as abetter (Section 61(2)(a)) |
| Punishment (Lesser cases) | Up to six months or fine | Up to six months or fine (Section 61(2)(b)) |
| Procedural Safeguard | No explicit consent requirement | Consent required for lesser conspiracies (Sec 61(3)) |
| Modernisation | Limited | Addresses organised, cyber, multi-actor conspiracies |
This table helps students link the focus keyword criminal conspiracy under BNS 2023 with its legacy and updated format.
9. Contemporary Relevance & Trends
In the era of cyber-fraud rings, financial scams, terror networks and cross-border conspiracies, the offence of criminal conspiracy under BNS 2023 is increasingly significant. Enforcement agencies are using Section 61 to file FIRs even where principal offence is not yet committed. Reports show increased use of such in-choate offence provisions.
From a practice standpoint, monitoring of communications, digital logs, group chats and preparatory steps is now key. Also, high courts are interpreting BNS offences as predicate offences under laws like the Prevention of Money Laundering Act, 2002 (PMLA) – e.g., the Bombay High Court held that BNS offences corresponding to old IPC provisions may serve for PMLA. The Times of India
Therefore, the focus keyword criminal conspiracy under BNS 2023 is not merely academic—it’s operational and strategic.
Increasing numbers of cases involve conspiracies to cheat, defraud, extort, or disrupt public order, where agreement stage is being targeted. Law students must keep track of new cases, digital evidence jurisprudence, and enforceability under BNS.
10. Conclusion & Key Take-takes
To summarise the offence of criminal conspiracy under BNS 2023:
- Definition: Agreement between two or more persons with common object to commit illegal act or legal act by illegal means (Section 61(1)).
- Key Elements: Agreement, common object, possible overt act, shared intent.
- Punishment: Category-A (serious offences) – same as abetment; Category-B (lesser conspiracies) – up to six months or fine (Section 61(2)).
- Procedure: For lesser conspiracies, consent requirement under Section 61(3).
- Legacy vs New Law: Improves on IPC’s Sections 120A/120B, defines “common object”, captures modern means and procedural safeguards.
- Strategic Importance: For students, practitioners and policy makers the focus keyword criminal conspiracy under BNS 2023 is central to modern criminal law.
- Practical Advice: In charge framing, ensure correct categorisation; gather digital evidence of agreement; challenge meeting of minds if defence; monitor evolving jurisprudence.
By mastering the concept of criminal conspiracy under BNS 2023, you strengthen your grasp of in-choate crimes, preventive law, and contemporary criminal jurisprudence. Dive into the statute, study key judgments, and apply the law strategically.
11. FAQs
Q1. What does “criminal conspiracy under BNS 2023” mean?
A1. It refers to the offence under Section 61 of the BNS 2023 which punishes an agreement between two or more persons with a common object to commit an illegal act or a legal act by illegal means.
Q2. Is mere agreement enough for criminal conspiracy under BNS 2023?
A2. In cases where the objective is to commit an offence punishable with death, life or rigorous imprisonment of two years or more (Category-A), the agreement alone suffices. For other conspiracies (Category-B), an overt act in furtherance is required under the proviso to Section 61(1).
Q3. What are the punishments under Section 61 of BNS 2023?
A3. If the conspiracy is to commit a serious offence (Category-A), the conspirator is punished as an abettor of that offence. For lesser conspiracies (Category-B), imprisonment up to six months or a fine, or both.
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References
- The Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023). India Code+1
- “Section 61 – Criminal conspiracy” in BNS 2023. Bare Act. AdvocateKhoj
- Handbook on the BNS 2023 – analysis of Section 61. BPRD
- Legalmaestros article: “Criminal Conspiracy under Section 61 of BNS 2023”. legalmaestros.com
- APSLaw article: “Criminal Conspiracy: Legal Framework, Key Elements and Landmark Judgments under BNS”. apslaw.co.in
