IPC 120B → BNS 61(2): Conspiracy Punishment

IPC 120B (now BNS 61(2)): Punishment for Criminal Conspiracy

IPC Section 120B prescribes the punishment for being a party to a criminal conspiracy. From 1 July 2024 it continues as Section 61(2) of the Bharatiya Nyaya Sanhita (BNS) 2023.

Punishment under BNS 61(2) (same as IPC 120B)

The punishment structure mirrors old IPC 120B: where the conspiracy is to commit a serious offence punishable with death, life imprisonment or rigorous imprisonment of two years or more, the conspirator is punished as if he had abetted that offence; for any other conspiracy a shorter term applies.

What changed from IPC to BNS?

Effectively nothing of substance — only the section number moved from IPC 120B to BNS 61(2). The definition of criminal conspiracy itself is preserved at IPC 120A (BNS 61(1)). New FIRs cite BNS 61(2).

Worked example

Three persons agree to rob a bank and begin arranging weapons and a getaway vehicle. Even before the robbery is attempted, the very agreement to commit the offence — coupled with the surrounding acts — makes each of them liable under BNS 61(2) for criminal conspiracy.

Practical notes

• For advocates: a conspiracy charge lets the prosecution rope in persons who never executed the act, so it is usually paired with the substantive offence and with common intention (IPC 34 to BNS 3(5)). The defence turns on disproving any agreement or meeting of minds.
• Conspiracy is a distinct offence; obtain counsel even if your client did not commit the principal crime.