IPC 120B (now BNS 61): criminal conspiracyधारा 120B IPC (अब BNS 61): आपराधिक षड्यंत्र

What is the punishment for criminal conspiracy? The abetment rules 61(2)(a) borrows

Section 61(2)(a) does not state a term. It says a party to the conspiracy shall, "where no express provision is made in this Sanhita for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence". That condition comes first: where another section expressly punishes the particular conspiracy — section 148 (conspiracy to wage war against the Government of India), section 111(3) (organised crime) or section 113(3) (a terrorist act) — the punishment is that section’s, not abetment’s. Only where no such provision exists does the answer come from the abetment sections, and then it depends on whether the offence was carried out.

If it was committed in pursuance of the conspiracy, the abettor gets the punishment provided for the offence itself (s. 49 and its Explanation). If it was not, an offence punishable with imprisonment carries up to one-fourth of its longest term, or its fine, or both (s. 56); an offence punishable with death or life carries up to seven years and fine, or fourteen if hurt is caused (s. 55). Imprisonment "of either description" includes rigorous imprisonment (s. 4(c)), which is why cheating under 318(2) and 318(4) falls within clause (a).

If you were the target of a conspiracy: where to report and what follows

Under 61(2)(a) the route to the police follows the offence the conspiracy aimed at. Where the object offence is cognizable, the police record the information and investigate without a Magistrate’s order (BNSS ss. 173(1), 175(1)); and a case in which any one offence is cognizable is treated as cognizable as a whole (s. 174(4)).

A conspiracy under 61(2)(b) is non-cognizable. On its own it is entered in the station book and the informant is referred to the Magistrate, and the police cannot investigate without the Magistrate’s order (s. 174(1), (2)). Because it carries six months at most, it is a summons-case: if the investigation is not concluded within six months of the arrest, the Magistrate stops it unless the officer shows special reasons (ss. 2(1)(x), 187(9)).

A compromise is not open. Section 61 is in neither table of s. 359, and s. 359(9) allows no compounding except as that section provides.

If you have been accused of criminal conspiracy: arrest, bail and custody

An arrested person must be told the full particulars of the offence, and someone they nominate must be told of the arrest (BNSS ss. 47(1), 48(1)). Under 61(2)(b) the police may not arrest without a warrant or a Magistrate’s order, save to ascertain the name and residence of a person who refuses to give them (ss. 35(2), 39), and bail is a right (s. 478(1)).

Under 61(2)(a), whether bail is a right depends on the offence conspired at. Where that offence is non-bailable, bail is not automatic: the officer in charge of a police station or the competent court may grant it under s. 480(1), subject to its restrictions for offences punishable with death or imprisonment for life, and the High Court and Court of Session have separate powers under s. 483. When bail is granted under s. 480(1) to a person accused of conspiring to commit an offence punishable with seven years or more, or an offence under Chapter VI, VII or XVII of the Sanhita, the court must impose the conditions in s. 480(3). Anticipatory bail is sought from the High Court or Court of Session (s. 482).

The cap on custody before a charge-sheet is ninety days where the investigation relates to an offence punishable with death, life or ten years or more, and sixty days otherwise (s. 187(3)).