Bharatiya Nyaya Sanhita: Section 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.

Simplified Explanation

Section 61 of the Bharatiya Nyaya Sanhita (BNS) defines and addresses the concept of criminal conspiracy. This section outlines what constitutes a criminal conspiracy, the elements involved, and the legal consequences for individuals who participate in a plan or agreement to commit an unlawful act or a lawful act by unlawful means.

Key Elements of Section 61

1. Definition of Criminal Conspiracy
   • Criminal conspiracy is defined as an agreement between two or more persons to commit:
     • An illegal act (an act forbidden by law).
     • A lawful act by unlawful means (e.g., using fraudulent methods to achieve a legal outcome).
   • The existence of a criminal conspiracy is established as soon as there is an agreement to commit an offense, even if no further action is taken.
2. Requirements for Establishing Criminal Conspiracy
   • Agreement: The essence of criminal conspiracy is an agreement between parties. It’s not necessary for any physical act to be committed; the agreement itself constitutes the offense.
   • Intent: All parties involved must have a shared intent to carry out the illegal act or the lawful act through unlawful means.
   • Participation of Multiple Individuals: Criminal conspiracy requires at least two individuals. A single person cannot be charged with conspiracy; there must be collaboration or planning with others.
3. Types of Criminal Conspiracy
   • Conspiracy to Commit an Illegal Act: When the goal is to perform an act that is itself illegal, such as theft, murder, or fraud.
   • Conspiracy to Commit a Lawful Act by Unlawful Means: When the goal is to accomplish a lawful act, but the means of achieving it are illegal (e.g., using bribery to secure a legal contract).
4. Punishment for Criminal Conspiracy
   • If the conspiracy is to commit a serious offense (punishable by death, life imprisonment, or rigorous imprisonment for at least two years), those involved in the conspiracy can face the same punishment as if they had attempted the actual offense.
   • For conspiracies involving lesser offenses, punishment may include imprisonment for up to six months, a fine, or both.
5. Examples of Criminal Conspiracy Under Section 61
   • Example 1: Two individuals plan to commit a bank robbery. Even if they are caught before executing the robbery, the agreement itself qualifies as criminal conspiracy, and both individuals can be prosecuted for their role in planning the crime.
   • Example 2: A group conspires to acquire a government contract by bribing officials. Although securing the contract is lawful, the means (bribery) are illegal, making it a criminal conspiracy.
6. Distinction from Other Offenses
   • Unlike aiding or abetting, which requires some form of action or assistance in committing an offense, criminal conspiracy requires only an agreement. Physical action or an attempt to carry out the act is not required to establish conspiracy.
7. Purpose of Section 61
   • Section 61 aims to prevent and penalize collaborative planning of illegal activities, as such agreements pose a risk to public order and safety.
   • This provision serves as a deterrent against group criminality by holding individuals accountable for even preliminary agreements to engage in unlawful acts.

Importance of Section 61

Section 61 serves as a preventive measure, allowing law enforcement to intervene and prosecute individuals who engage in plans to commit crimes before any harmful acts are carried out. It underscores the seriousness with which the law views collaborative intent to commit offenses, promoting accountability and deterring organized criminal efforts.

In summary, Section 61 of the BNS defines criminal conspiracy as an agreement between two or more persons to commit an illegal act or a lawful act by unlawful means, establishing liability based on the agreement alone. This section reinforces the law’s commitment to deterring collective criminal intent, thereby safeguarding public safety and order.