IPC 120B→BNS 61(2)

IPC 120B to BNS 61(2): Punishment of criminal conspiracy

Section 120B IPC (1860) replaced by Section 61(2) BNS (2023)

View IPC Section 120B →View BNS Section 61(2) →

IPC 120B to BNS 61(2) at a Glance

Section 120B IPC (Punishment of criminal conspiracy) is now Section 61(2) BNS, in force from 1 July 2024. What changed is set out below.

What Changed From IPC 120B to BNS 61(2)?

Section 120B IPC is replaced by Section 61(2) BNS. Under Section 61(2) BNS, the two former sub-sections are structured as clauses a and b of sub-section 2, with this Sanhita substituted for this Code. The statutory punishment scheme is unchanged, providing punishment in the same manner as abetment for conspiracies to commit offences punishable with death, imprisonment for life or rigorous imprisonment of two years or more, and imprisonment up to six months or fine or both for other conspiracies.

IPC 120B vs BNS 61(2): Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section120B61(2)
OffencePunishment of criminal conspiracySame
PunishmentPunished in the same manner as if the accused had abetted the offence where the conspiracy is to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for two years or upwards and no express provision is made; imprisonment of either description for a term not exceeding six months for any other criminal conspiracy.Same
FineFine as provided for abetment of the object offence under the first limb; fine alone or with imprisonment under the second limb. The section sets no maximum amount.Same
BailNon-BailableSame
CognizanceNon-CognizableSame
CompoundableNon-CompoundableSame
Triable ByCourt by which abetment of the offence which is the object of the conspiracy is triable; Magistrate of the first class for any other criminal conspiracySame

IPC 120B and BNS 61(2): Bare Act Text Side by Side

IPC 1860 (repealed)

Section 120B, IPC 1860

120B. Punishment of criminal conspiracy.—(1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence. (2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment of either description for a term not exceeding six months, or with fine or with both.
BNS 2023 (in force)

Section 61(2), BNS 2023

Whoever is a party to a criminal conspiracy,— (a) to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, 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; (b) other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment of either description for a term not exceeding six months, or with fine or with both.

Ingredients: IPC 120B vs BNS 61(2)

Under IPC 120B
  1. The existence of a criminal conspiracy within the definition of the Code
  2. The accused was a party to that criminal conspiracy
  3. For the first limb, the conspiracy was to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for two years or upwards, with no express provision made for its punishment
  4. For the second limb, the conspiracy was other than a conspiracy to commit an offence punishable as aforesaid
Under BNS 61(2)
  1. Being a party to a criminal conspiracy as defined under Section 61(1) BNS
  2. Where the conspiracy is to commit an offence carrying death, imprisonment for life or rigorous imprisonment for two years or upwards, punishment as an abettor of that offence
  3. Absence of express provision elsewhere in the Sanhita for the punishment of such conspiracy
  4. For any other criminal conspiracy, imprisonment extending to six months, or fine, or both

What IPC 120B to BNS 61(2) Means for Pending Cases

For Section 120B IPC (now Section 61(2) BNS): under Section 61(2) BNS, criminal conspiracy is punished under clauses a and b of sub-section 2, maintaining the reference to abetment punishment for serious offences and up to six months for other conspiracies. A charge for an act done after the BNS came into force cites Section 61(2) BNS.

FAQs: IPC 120B to BNS 61(2)

What changed from Section 120B IPC in Section 61(2) BNS?▼

Section 61(2) BNS formats the two sub-sections of Section 120B IPC as clauses a and b of sub-section 2 of Section 61 BNS. The reference to this Code becomes this Sanhita. The statutory penalties and abetment equivalence rule remain identical.

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

It sits in Section 61(2) BNS, in Chapter IV, Of Abetment, Criminal Conspiracy and Attempt.

Does Section 120B IPC or Section 61(2) BNS apply to an act done before 1 July 2024?▼

Section 120B 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 120B IPC. Section 61(2) 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 ·