Indian Penal Code, 1860
IPC Section 120A in BNS
Definition of criminal conspiracy. Section 120A of the Indian Penal Code, 1860 (Definition of criminal conspiracy) corresponds to Section 61(1) of the Bharatiya Nyaya Sanhita, 2023.
Verify before you rely on this. Renumbering under the 2023 codes is not a clean one-to-one exercise — provisions were merged, split and reworded. Always check the printed bare act.
Where this sits in the exam
This provision is examined under IPC & Bharatiya Nyaya Sanhita, worth 8 of the 100 marks in AIBE XXII. The paper permits bare acts but bans notes, so what matters is finding it quickly, not reciting the number.
Questions that turn on this section
Criminal conspiracy is defined under:
Answer & explanation
Section 61 BNS
BNS Section 61 corresponds to IPC Sections 120A and 120B. An agreement between two or more persons to do an illegal act, or a legal act by illegal means, constitutes conspiracy.
Criminal conspiracy is complete on:
Answer & explanation
Agreement between two or more persons to do an illegal act
For an agreement to do a legal act by illegal means, an overt act is required; for an illegal act, the agreement alone suffices.
A and B agree to cheat C. B alone executes the deception; A is not present and does no overt act. Which is most accurate under the BNS?
Answer & explanation
A is liable for criminal conspiracy, the agreement to commit an offence being complete in itself
Where the agreement is to commit an offence, § 61(2) BNS needs no overt act. An overt act is required only where the object is to do a legal act by illegal means.
Sections either side of it
How the neighbouring provisions of the Indian Penal Code, 1860 were renumbered:
| IPC | Provision | BNS |
|---|---|---|
| 115 | Abetment of offence punishable with death or imprisonment for life | 55 |
| 116 | Abetment of offence punishable with imprisonment | 56 |
| 117 | Abetting commission of offence by the public or by more than ten persons | 57 |
| 120B | Punishment of criminal conspiracy | 61(2) |
| 121 | Waging war against the Government of India | 147 |
| 121A | Conspiracy to commit offences punishable by section 121 | 148 |
Practise it
Cutoff has AIBE XXII questions on this area, each cited to both codes with a line telling you where to find it in the bare act. Ten questions per subject are free, no account needed.
Practise free Full IPC→BNS table