● Modified in BNS
Criminal conspiracy is punished in two tiers. Conspiring to commit a serious offence (punishable with death, life imprisonment, or rigorous imprisonment of 2 years or more) is punished as if for abetting that offence; any other conspiracy draws a lighter, capped punishment. BNS Section 61 keeps this structure, with the definition in 61(1) and punishment in 61(2).
Section 120B IPC punished criminal conspiracy: where the conspiracy is to commit an offence punishable with death, life imprisonment or rigorous imprisonment of 2 years or more, the conspirator is punished as an abettor; any other conspiracy attracts imprisonment up to 6 months, or fine, or both.
BNS Section 61(2) retains both limbs with the same punishments; the definition of criminal conspiracy (old IPC 120A) sits in BNS 61(1).
Substance retained; definition and punishment consolidated into a single BNS 61.
For conspiracy to commit a serious offence: same punishment as abetting that offence. For any other conspiracy: imprisonment up to 6 months, or fine, or both..
IPC 120B is follows the offence that is the object of the conspiracy for the serious-offence tier; the residual 6-month tier is bailable..
This is a follows the offence that is the object of the conspiracy for the serious-offence tier; the residual 6-month tier is non-cognizable. offence.
Non-compoundable..
Matters under IPC 120B are tried before the The court that tries the offence which is the object of the conspiracy, for the serious-offence tier; a Magistrate for the residual 6-month tier..
Common defences include showing there was no actual agreement (mere discussion or knowledge is not conspiracy), withdrawal before any overt act was committed, and that the alleged object of the agreement was not itself unlawful.
Summaries are for general information and are not legal advice. For the authoritative bare-act text, see the official Bharatiya Nyaya Sanhita, 2023 and Indian Penal Code, 1860 (full amended text, as it stood before repeal) on India Code, or the Ministry of Home Affairs' new criminal laws page. ← All comparisons