IPC 120A→BNS 61(1)

IPC 120A to BNS 61(1): Definition of criminal conspiracy

Section 120A IPC (1860) replaced by Section 61(1) BNS (2023)

View IPC Section 120A →View BNS Section 61(1) →

IPC 120A to BNS 61(1) at a Glance

Section 120A IPC (Definition of criminal conspiracy) is now Section 61(1) BNS, in force from 1 July 2024. What changed is set out below.

What Changed From IPC 120A to BNS 61(1)?

Section 120A IPC is replaced by Section 61(1) BNS. Section 61(1) BNS introduces the requirement that persons agree with the common object to do or cause to be done the specified act. The two clauses are designated as clauses a and b rather than numerical sub-clauses. In addition, the stand-alone heading Definition of criminal conspiracy is removed, with Section 61 BNS titled Criminal conspiracy and consolidating the definition in sub-section 1 and punishments in sub-section 2. The proviso requiring an overt act for non-offence agreements and the Explanation regarding ultimate versus incidental objects remain unchanged.

IPC 120A vs BNS 61(1): Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section120A61(1)
OffenceDefinition of criminal conspiracySame
PunishmentSection 120A IPC is a definition provision that creates no independent offence and prescribes no punishment. Penal consequences for criminal conspiracy are prescribed under Section 120B IPC.Section 61(1) BNS is a definition provision that creates no independent offence and prescribes no punishment. Penal consequences for criminal conspiracy are prescribed under Section 61(2) BNS.
FineSection 120A IPC imposes no fine of its own. Fines for criminal conspiracy are governed by Section 120B IPC.Section 61(1) BNS imposes no fine of its own. Fines for criminal conspiracy are governed by Section 61(2) BNS.
BailNon-BailableSame
CognizanceNon-CognizableSame
CompoundableNon-CompoundableSame

IPC 120A and BNS 61(1): Bare Act Text Side by Side

IPC 1860 (repealed)

Section 120A, IPC 1860

120A. Definition of criminal conspiracy.—When two or more persons agree to do, or cause to be done,— (1) an illegal act, or (2) an act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy: Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement 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 is merely incidental to that object.
BNS 2023 (in force)

Section 61(1), BNS 2023

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 an agreement is designated a criminal conspiracy: Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement 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 is merely incidental to that object.

Ingredients: IPC 120A vs BNS 61(1)

Under IPC 120A
  1. Two or more persons participating in an agreement
  2. An agreement to do, or cause to be done, an illegal act, or an act which is not illegal by illegal means
  3. Where the agreement is not to commit an offence, some act besides the agreement done by one or more parties in pursuance of it
Under BNS 61(1)
  1. Agreement between two or more persons with the common object to do or cause to be done an illegal act or an act by illegal means
  2. An agreement to commit an offence constitutes criminal conspiracy without requiring any overt act
  3. An agreement to do an act that is not an offence requires some act besides the agreement done in pursuance of it
  4. The illegal act may be the ultimate object of the agreement or merely incidental to that object

What IPC 120A to BNS 61(1) Means for Pending Cases

For Section 120A IPC (now Section 61(1) BNS): under Section 61(1) BNS, the definition of criminal conspiracy incorporates the phrase with the common object while preserving the rule that agreements to commit offences require no overt act. A charge for an act done after the BNS came into force cites Section 61(1) BNS with Section 61(2) BNS.

FAQs: IPC 120A to BNS 61(1)

What changed from Section 120A IPC in Section 61(1) BNS?▼

Section 61(1) BNS inserts the phrase with the common object into the operative definition. The two limbs are lettered as clauses a and b. Section 61 BNS unifies the definition and punishment under the single heading Criminal conspiracy, where the definition forms sub-section 1 and punishment forms sub-section 2. The proviso and Explanation remain unchanged.

Where does Section 120A IPC sit in the Bharatiya Nyaya Sanhita?▼

It sits in Section 61(1) BNS, in Chapter IV, Of Abetment, Criminal Conspiracy and Attempt.

Does Section 120A IPC or Section 61(1) BNS apply to an act done before 1 July 2024?▼

Section 120A IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 120A IPC. Section 61(1) BNS governs acts done on or after 1 July 2024.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·