IPC 120B in BNS: Criminal Conspiracy is Now Section 61
The IPC split criminal conspiracy into a definition (Section 120A) and a punishment provision (Section 120B). The BNS consolidates both into a single section — 61 — with the definition and punishment as sub-sections of the same provision.
IPC → BNS ConverterOpen →Punishment under BNS 61
The punishment structure carries over: where the conspiracy is to commit an offence punishable with death, life imprisonment, or rigorous imprisonment of two years or more, and no express provision is made for its punishment, the conspirator is punished as if they had abetted the offence. For other conspiracies, imprisonment up to six months, fine, or both may apply.
Why conspiracy charges matter in filings
Section 61 (like the old 120B) is rarely charged alone — it is typically added alongside the substantive offence to capture multiple accused who planned but did not necessarily execute the act personally. When converting a multi-accused FIR, ensure BNS 61 is cited alongside the correctly mapped substantive sections for each accused's role.
Frequently asked
- Is BNS 61 bailable?
- It depends on the underlying offence conspired for — bailability follows the classification of the substantive offence, the same principle that applied under IPC 120B. Always verify against the bare act for the specific offence involved and consult an advocate.
Reference only — not legal advice. Verify with the official bare act and consult an advocate.