Introduction
Criminal conspiracy is considered to be one of the most serious crimes according to the criminal law because it deals with the planning of the crime by a group of people. The concept of conspiracy is related to the agreement of the parties, even if a crime is not executed. Section 61 of the Bharatiya Nyaya Sanhita, 2023 relates to the provisions of Sections 120A and 120B of the Indian Penal Code, 1860. The provision makes the offence of conspiracy punishable as a substantive offence, even if the crime is not completed.
Bare Act Provision (Simplified)
Section 61 BNS explains that there is a criminal conspiracy if two or more people agree to commit an illegal act or to commit a legal act through illegal means. If the agreement constitutes conspiracy, an overt act is not required. However, if the agreement is to commit a legal act through illegal means, an overt act is necessary. Under Sec 61(2), if the conspiracy involves an offence punishable by death, life imprisonment or rigorous imprisonment for 2 or more years, the punishment as provided for abetment under BNS. For the rest of the conspiracies, the punishment is imprisonment for 6 months or a fine or both.
Also Read – Section 80 BNS: Dowry Death – Essential Ingredients, Punishment & Legal Provisions
Key provisions
Having an Agreement is the Basis of Conspiracy (Sec 61 (1))
An agreement between two or more individuals is the most important aspect of conspiracy. It is not enough to simply converse about committing a crime; both parties must agree to execute the crime together.
Different Categories of Conspiracy.
a) Agreement to perform an unlawful deed like murder or stealing, etc.
b) Agreement to perform a lawful act by unlawful means like winning a tender with the aid of bribing the officials.
Requirement of Overt Action (Sec 61(1))
When the agreement is for committing a crime or an offense, there is no necessity for the overt action to be committed. By merely entering into conspiracies, the crime is fully committed; however, when a conspiratorial agreement involves the accomplishment of a lawful deed with the help of illegal means, it is a must to have an overt action done in pursuit of the agreement made.
Also Read – Common Intention vs Common Object under BNS 2023: Key Differences Explained
Substantive Crime
Conspiracy is a different substantive crime, and one can be punished for conspiracy under Section 61 as well as the actual crime carried out due to conspiracy.
Punishment (Section 61(2))
(a) If the conspiracy is for committing an offence that is punishable with death, life imprisonment or imprisonment of more than 2 years, then the punishment shall be the same as that for abetting this offence.
(b) In other cases of conspiracy, he shall be punished with imprisonment of up to 6 months, with a fine or both.
Important Case Laws Explaining Section 61 BNS
The following are the landmark judgments which comprehensively define and explain the scope of Criminal Conspiracy under Section 61 BNS:
Kehar Singh & Ors. V. State (Delhi Admn.), AIR 1988 SC 1883
This is a landmark case on criminal conspiracy. The Supreme Court held that conspiracy is hatched in secrecy and direct evidence is rarely available. It can be proved by circumstantial evidence and conduct of the parties. The essence of conspiracy is the agreement itself.
State v. Nalini & Ors. (Rajiv Gandhi Assassination Case), AIR 1999 SC 2640
In this case, the Supreme Court elaborately defined criminal conspiracy under Sec 120A IPC (now Sec 61 BNS). The Court observed that all conspirators need not meet at one place. Conspiracy can be inferred from a chain of circumstances and joint actions of the accused persons.
Conclusion
As a result, it can be concluded that Section 61 of the Bharatiya Nyaya Sanhita, 2023 is a complete provision which punishes the very agreement to commit an unlawful act. The section realizes that the mental process of agreeing is detrimental to society in itself. By creating a differentiation between conspiracy to commit an offense and conspiracy to do a lawful act by unlawful means, and detailing different punishment for each of the two conspiracies, Section 61 serves as a means of preventing crime (organized crime) at the very preliminary level. The historic judgments of Kehar Singh & Ors. v. State and State v. Nalini & Ors. explain that conspiracy is the result of circumstances and behaviour, not requiring direct evidence.
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