(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.
BNS Section 61 addresses criminal conspiracy, which occurs when two or more individuals agree to commit an illegal act or achieve a legal act by illegal means. This section specifies that an agreement alone does not constitute criminal conspiracy unless an act in pursuance of the agreement is carried out by at least one of the parties. The section also distinguishes between conspiracies to commit serious offences like those punishable by death or life imprisonment, which incur the same punishment as abetment of the crime, and lesser conspiracies, which are punishable by up to six months of imprisonment or a fine.
Q1: What constitutes a criminal conspiracy under BNS Section 61?
A1: Criminal conspiracy is defined when two or more individuals agree to commit an illegal act or a legal act by illegal means. The agreement itself is considered a criminal conspiracy if an act in pursuance of the agreement is carried out by one or more parties.
Q2: Is it necessary for the illegal act to be the ultimate objective of the conspiracy?
A2: No, the illegal act does not need to be the ultimate objective of the conspiracy. It can be incidental to the objective, and it still qualifies as criminal conspiracy.
Q3: What is the punishment for being a part of a criminal conspiracy to commit a serious offence?
A3: If the conspiracy is to commit an offence punishable by death, life imprisonment, or rigorous imprisonment of two years or more, the parties involved will be punished as though they abetted the offence, provided no other specific punishment is stated in the law.
Q4: What is the punishment for a less serious criminal conspiracy?
A4: For a criminal conspiracy that does not involve serious offences, the punishment can be up to six months of imprisonment, a fine, or both.
Q5: Is an agreement sufficient to charge someone with criminal conspiracy?
A5: No, an agreement alone is not sufficient. There must be some act done in pursuance of the agreement by one or more of the parties involved to constitute criminal conspiracy.
Example 1:
Two individuals agree to rob a bank (an illegal act). They plan out the robbery but are caught before they act. Since the agreement was to commit an illegal act, and one of them rented a vehicle for the robbery, this is considered criminal conspiracy.
Example 2:
Three people agree to open a business but decide to evade taxes (a legal act by illegal means). Even though the business itself is legal, their agreement to evade taxes makes it a criminal conspiracy.
BNS Section 61 outlines the law on criminal conspiracy, defining it as an agreement between two or more individuals to commit an illegal act or use illegal means to perform a legal act. For an agreement to be considered a criminal conspiracy, at least one party must perform an act related to the agreement. Punishments vary depending on the severity of the offence, ranging from the same penalties as abetment of the crime to six months of imprisonment or a fine for lesser conspiracies.
Answer By Law4u Team
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