Criminal Conspiracy Under the BNS (Section 61): IPC 120B Mapping (2026)
What criminal conspiracy means under Section 61 of the Bharatiya Nyaya Sanhita, 2023, the old IPC Sections 120A and 120B it replaced, the punishment, and what changed. Last verified October 2026.
Explainer · BNS · New Criminal Code
Criminal conspiracy is an offence under Section 61 of the Bharatiya Nyaya Sanhita, 2023 (BNS), which replaced Sections 120A and 120B of the Indian Penal Code (IPC). It is an agreement between two or more persons to do, or cause to be done, an illegal act, or a legal act by illegal means. The punishment follows the offence the parties agreed to commit. Last verified October 2026.
- Section: criminal conspiracy is BNS Section 61.
- Old law: it replaced Section 120A (definition) and Section 120B (punishment) of the IPC.
- What it is: an agreement between two or more persons to do an illegal act, or a legal act by illegal means.
- Punishment: for a serious conspiracy, the same as abetting that offence; for other conspiracies, up to 6 months, or fine, or both.
- Tracking: Claw searches and tracks Section 61 matters across 9,102 courts, benches and forums.
01What Section 61 of the BNS covers
Section 61 of the BNS defines and punishes criminal conspiracy. The offence is the agreement itself. Two or more persons must agree to do, or cause to be done, either an illegal act, or an act that is not illegal but is to be done by illegal means. That meeting of minds is the heart of the charge.
Two points flow from the definition.
- Two or more persons: a person cannot conspire alone. There must be at least two agreeing minds.
- An overt act is needed only for the lesser kind: where the agreement is to commit an offence, the agreement alone is the conspiracy. Where the agreement is to do a legal act by illegal means, or an illegal act that is not an offence, some act besides the agreement must be done by one of the parties in pursuance of it.
The agreement is the offence
Criminal conspiracy is complete once the agreement to commit an offence is made. The parties do not have to carry it out, and they do not have to succeed. This is what lets the law reach planning at an early stage.
Because the agreement is usually secret, it is often proved by circumstances, the conduct of the parties and the acts done to carry the plan forward, rather than by direct proof of the agreement.
02Old to new: IPC Sections 120A and 120B to BNS Section 61
Under the Indian Penal Code, criminal conspiracy sat in two sections. Section 120A defined it, and Section 120B set the punishment. The BNS has folded both into a single Section 61, with the definition in sub-section (1) and the punishment in sub-section (2).
| Topic | Old law (IPC) | New law (BNS) |
|---|---|---|
| Definition of criminal conspiracy | Section 120A | Section 61(1) |
| Punishment for criminal conspiracy | Section 120B | Section 61(2) |
The wording was carried over substantially as it stood. A matter for an agreement made on or after 1 July 2024 is charged under Section 61 of the BNS. An older matter stays under Section 120B of the IPC. See the IPC to BNS section mapping for the full table.
03Punishment and classification
Section 61 does not fix one single punishment. It splits conspiracies into two kinds.
| Kind of conspiracy | Punishment |
|---|---|
| Conspiracy to commit a serious offence (one punishable with death, imprisonment for life, or rigorous imprisonment for 2 years or more), where no express punishment is provided | Punished in the same manner as if the person had abetted that offence. |
| Any other criminal conspiracy | Imprisonment of either description up to 6 months, or fine, or both. |
So the punishment for a serious conspiracy is tied to the offence the parties agreed to commit. A conspiracy to commit murder is treated like abetment of murder. A conspiracy of the lesser kind carries a short term or a fine.
Because the punishment follows the target offence, so does the classification. Whether the conspiracy is cognizable, bailable, and which court tries it, generally tracks the offence that was the object of the agreement.
In a criminal conspiracy the offence is the agreement, not the result. Once two or more people agree to commit an offence, the conspiracy is complete even if nothing more is done.
04What changed from the old law
In substance, little changed. The definition, the need for two or more persons, the rule about an overt act for the lesser kind of conspiracy, and the two-tier punishment all carry over from Sections 120A and 120B of the IPC.
The real change is structural. One section, Section 61, now holds both the definition and the punishment, and the numbers are new. For an act on or after 1 July 2024 the citation is Section 61 of the BNS. The large body of case law built under Sections 120A and 120B remains useful to explain the new section, because the language is carried forward.
Conspiracy is often charged with the main offence and with abetment under BNS Section 45. For the wider reform, see the new criminal laws of 2024.
05Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Conspiracy charges often run alongside a main offence and across several accused and courts. An advocate needs to see how Section 61, and the old Section 120B, have been applied, and to keep track of each linked matter. Claw lets you search and track cases, orders and judgments by section, party or advocate across 9,102 courts, benches and forums, with 30 crore and more judgments and results in under 5 seconds. You can pull up how courts have treated conspiracy charges, and follow a live matter with automatic updates, cause lists and alerts.
Claw does not file your case or give legal advice, and Claw does not use customer case documents to train AI models. Create a FREE Claw account to search and track cases under this section by party or advocate name.
This explainer is general information, not legal advice.
06Sources and further reading
- India Code (official text of the Bharatiya Nyaya Sanhita, 2023): indiacode.nic.in
- Ministry of Home Affairs (new criminal laws): mha.gov.in
- Section 61 BNS, bare text reference: devgan.in
- Claw: clawlaw.in
Always read the section as it stands on the day you act, and take advice from counsel. The law changes through amendments and judgments.
07Frequently asked questions
What is Section 61 of the BNS?
Section 61 of the Bharatiya Nyaya Sanhita, 2023 is the offence of criminal conspiracy. It is an agreement between two or more persons to do, or cause to be done, an illegal act, or a legal act by illegal means. It replaced Sections 120A and 120B of the IPC.
Which IPC sections did BNS 61 replace?
It replaced Section 120A of the IPC, which defined criminal conspiracy, and Section 120B, which set the punishment. The BNS folds both into Section 61, with the definition in sub-section (1) and the punishment in sub-section (2).
What is the punishment for criminal conspiracy under BNS 61?
For a conspiracy to commit a serious offence, one punishable with death, life imprisonment or rigorous imprisonment of two years or more, the punishment is the same as if the person had abetted that offence. For any other conspiracy, it is imprisonment up to six months, or fine, or both.
Does a conspiracy have to be carried out to be an offence?
No. Where the agreement is to commit an offence, the conspiracy is complete as soon as the agreement is made, even if the plan is never carried out and never succeeds. Where the agreement is to do a legal act by illegal means, some act in pursuance of the agreement is needed.
Is criminal conspiracy cognizable and bailable?
The classification generally follows the offence the parties agreed to commit. A conspiracy to commit a serious offence is usually cognizable and non-bailable. Confirm the exact status and the trial court from the current BNSS First Schedule for the offence charged.
Can I track a conspiracy case in Claw?
Yes. Claw lets you search and track cases, orders and judgments under Section 61, or the old Section 120B, by section, party or advocate across 9,102 courts, benches and forums, with results in under 5 seconds. It tracks the matter but does not file the case or give legal advice.