IPC Section 120B = BNS Section 61

Punishment for Criminal Conspiracy

आपराधिक षड्यंत्र का दण्ड

Criminal Conspiracy, Abetment & Attempt No Change in Punishment Cognizable Non-Bailable Updated: 2026-02-28

Overview

Section 120B of the IPC dealt with the punishment for criminal conspiracy. When two or more persons agree to do an illegal act or a legal act by illegal means, it constitutes criminal conspiracy. Under the BNS 2023, this is now Section 61.
Hindi IPC की धारा 120B आपराधिक षड्यंत्र के दण्ड से संबंधित थी। जब दो या अधिक व्यक्ति कोई अवैध कार्य या वैध कार्य अवैध साधनों से करने के लिए सहमत होते हैं, तो यह आपराधिक षड्यंत्र है। BNS 2023 के तहत, यह अब धारा 61 है।

Side-by-Side Comparison

Aspect IPC (Old) BNS (New)
Section Number Section 120B Section 61
Title Punishment for Criminal Conspiracy Punishment for Criminal Conspiracy
Punishment Same as abetment of the offence conspired; if no specific punishment — up to 6 months, or fine, or both Same as abetment of the offence conspired; if no specific punishment — up to 6 months, or fine, or both
Cognizable Yes — Police can arrest without warrant
Bailable No — Bail at the discretion of the court
Compoundable No — Cannot be compounded/settled
Triable By Court of Session / Magistrate (depending on conspired offence)

Key Changes

  • Section number changed from IPC 120B to BNS 61
  • Punishment framework remains the same
  • No significant changes in the definition of criminal conspiracy

Ingredients of the Offence

To establish this offence, the prosecution must prove:

  1. 1 Two or more persons agreed to do or cause to be done an illegal act
  2. 2 Or agreed to do a legal act by illegal means
  3. 3 The agreement itself constitutes the offence (no overt act needed for serious offences)

Frequently Asked Questions

What is the BNS equivalent of IPC Section 120B?

IPC Section 120B (Criminal Conspiracy) is now BNS Section 61 under the Bharatiya Nyaya Sanhita 2023, effective from July 1, 2024.

What is the punishment for criminal conspiracy?

If the conspiracy is to commit a serious offence, the punishment is the same as abetment. Otherwise, it is up to 6 months imprisonment, or fine, or both.

How many persons are needed for criminal conspiracy?

A minimum of two persons is required to constitute a criminal conspiracy. The agreement to do an illegal act is the essence of the offence.

Legal Disclaimer

This IPC-to-BNS section comparison is provided for informational and educational purposes only. It does not constitute legal advice. The mapping may not cover all nuances introduced by the new law. Always consult a qualified advocate or legal professional before relying on this information. For more details, see our Disclaimer.

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