CRIMINAL CONSPIRACY - SECTION 61, BHARATIYA NYAYA SANHITA, 2023-

TANMOY MUKHERJI INSTITUTE OF JURIDICAL SCIENCE

Dr. Tanmoy Mukherji

Advocate

CRIMINAL CONSPIRACY - SECTION 61, BHARATIYA NYAYA SANHITA, 2023-

Tanmoy Mukherji

Advocate

1. DEFINITION-

When two or more persons agree with the common object to do, or cause to be done—

(a) an illegal act; or

(b) an act which is not illegal by illegal means,

such agreement is called "Criminal Conspiracy".

IMPORTANT RULE-

No agreement except agreement to commit an offence shall amount to criminal conspiracy unless some act is done by one or more parties to such agreement in pursuance thereof.

EXPLANATION-

It is immaterial whether the illegal act is the ultimate object of such agreement or merely incidental to that object.

2. CONCEPT FLOW DIAGRAM-

3. ESSENTIAL INGREDIENTS-

→Two or more persons

→Agreement between them

→Common object – to do an illegal act OR to do a legal act by illegal means

→Overt act (in cases where offence is not punishable in itself)

4. PUNISHMENT (SECTION 61)-

(a) WHERE THE OFFENCE IS PUNISHABLE WITH-

DEATH / IMPRISONMENT FOR LIFE / IMPRISONMENT FOR A TERM OF TWO YEARS OR MORE→ The same punishment as is provided for such offence for abetment of that offence.

(b) OTHER CASES-

Imprisonment for a term which may extend to SIX MONTHS, or with fine, or with both.

5. ILLUSTRATIONS (S. 61)-

(a) A makes an attempt to steal some jewels by breaking open a box, and finds after opening the box that there is no jewel in it. He has done an act towards the commission of theft, and therefore is guilty under this section.

(b) A makes an attempt to pick the pocket of Z by thrusting his hand into Z’s pocket. A fails in the attempt in consequences of Z’s having nothing in his pocket. A is guilty under this section.

6. CASE LAWS-

7. KEY POINTS (QUICK REVISION)-

→Conspiracy is an offence in itself (in serious cases).

→Agreement is the heart of conspiracy.

→Overt act is necessary in cases where the offence is not in itself.

→Proof is generally by circumstantial evidence.

→The offence is complete at the stage of agreement.

8. MEMORY MANTRA-

"AGREEMENT + INTENTION + ACT (SOMETIMES) = CONSPIRACY"