(1) 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.
(2) 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.
Legal Commentary & Landmark Judgments: Section 61
Section 61 defines and penalizes Criminal Conspiracy, establishing that the mere agreement to commit an illegal act constitutes an independent substantive offence.
An agreement hatched in a coffee shop to commit a crime is punishable the instant it is struck, even if police intercept the conspirators before a single physical step is executed.
Section 61 is the ultimate prosecutorial instrument against organized syndicates. An agreement hatched in a coffee shop to commit a crime is punishable the instant it is struck, even if police intercept the conspirators before a single physical step is executed.