Section 61 BNS – Section 61 of New Bharatiya Nyaya Sanhita

Section 61 BNS or Section 61 of Bharatiya Nyaya Sanhita talks about “Criminal conspiracy

Section 61 of BNS is part of CHAPTER IV OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT in Bharatiya Nyaya Sanhita 2023 Act


Definition of Section 61 BNS

(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.




Other Section of BNS

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