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Create: 2025-07-01 Update: 2025-07-04 11:44:14

🧾 Criminal Conspiracy – Scope and Punishment under BNS, 2023

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🔍 What is Criminal Conspiracy?

Under Section 61 of the Bharatiya Nyaya Sanhita (BNS), 2023, criminal conspiracy is defined as:

“When two or more persons agree to do, or cause to be done —

(a) an illegal act, or

(b) a legal act by illegal means,

such an agreement is designated a criminal conspiracy.”

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🔸 Key Point: Mere agreement is enough in serious offenses — no act needs to be committed to complete the offense of conspiracy.

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⚖️ Scope of Criminal Conspiracy

Wide Ambit: Covers planning, coordinating, and even supporting illegal acts.

Includes Cyber, White-collar and Organized Crime

Can apply even if the main offense is not actually committed.

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✅ Examples:

Planning a terrorist attack (even if not executed)

Agreement to rig public exams using unfair means

Planning a financial fraud using shell companies

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🧠 Essential Ingredients

Two or more persons

Agreement to commit an illegal act (or legal act by illegal means)

Common intention

Overt act (required only in minor offenses)

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🔍 Notable Features under BNS

Aligns with Section 120A and 120B of IPC, but made clearer.

No requirement of overt act in serious offenses.

Can be charged independently of the actual offense.

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📌 Conclusion

Criminal conspiracy under BNS, 2023 emphasizes the danger of collective criminal intention, even before the actual crime occurs. It is a preventive and punitive provision that targets preparatory and planning stages, especially in modern organized and cyber crimes.

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🧾 Criminal Conspiracy – Scope and Punishment under BNS

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