Section 6 of the Bharatiya Nyaya Sanhita (BNS), 2023
**Section 17 — Punishment for Criminal Conspiracy
(Bharatiya Nyaya Sanhita, 2023)**
1. What is Section 17 about?
Section 17 of the Bharatiya Nyaya Sanhita (BNS), 2023 deals with the offence of criminal conspiracy.
It defines when two or more persons agree to do something that involves:
committing a crime, or
doing something that, if carried out, would result in a crime
and how they are punished.
Criminal conspiracy is a stand‑alone offence, meaning persons involved can be punished even if the planned crime was not actually committed.
2. Key Elements of Section 17
To understand Section 17, we break it down into its essential parts:
(a) Agreement Between Two or More Persons
At least two persons must make the agreement.
An agreement can be formal (written/express) or informal (verbal/implied).
(b) Intention to Commit an Unlawful Act
The purpose of the agreement must be to commit:
a crime, or
a wrongful/illegal act that would result in a crime.
(c) No Need for the Crime to Be Completed
The offence is complete when the agreement is made.
It does not require that any further step toward committing the crime has occurred.
In simple terms: agreement itself is punishable.
3. What is Punishment Under Section 17?
Section 17 prescribes punishment based on whether the object of the conspiracy was a punishable offence:
(i) Object is a Crime with a Specific Punishment
If the conspiracy is to commit an offence that has a specified punishment in the BNS:
The conspirators can be punished with the same punishment as the original offence.
In some cases, the punishment may be less than or equal to that of the planned offence.
(ii) Object is an Unlawful Act Without a Specific Punishment
If the agreement is to do something unlawful but no specific punishment exists in BNS:
The conspirators are punished with a default term (e.g., imprisonment or fine) provided under Section 17 itself.
Simple Rule
Agreement to commit a crime → punished like that crime
Agreement to do an unlawful act → punished under Section 17
4. Why Does the Law Punish Conspiracy?
The law treats conspiracy as a serious offence because:
Threat to Public Order – Even planning can endanger society.
Prevention over Cure – Punishing early stops the crime before it occurs.
Collective Danger – Combined planning increases harm potential.
In criminal justice, conspiracy is often called a “pre‑emptive strike” against organized wrongdoing.
5. Examples to Understand Section 17
Here are some scenarios:
Example 1
A and B agree to rob a bank.
They haven’t taken any step yet.
Punishment: They can be punished for conspiracy to commit robbery, even if they never reached the bank.
Example 2
X and Y agree to circulate forged certificates.
This agreement itself is illegal.
Even if no fake certificates are made, Section 17 still applies.
Example 3
P, Q & R agree to defraud a company.
The act of agreeing is punishable.
If the actual fraud is committed later, they can be punished for both:
conspiracy, and
the completed offence.
6. Distinction Between Conspiracy and Other Offences
| Feature | Conspiracy (Section 17) | Attempt |
|---|---|---|
| Object | Agreement to commit crime | Direct act to commit crime |
| Completion | Agreement itself | Requires a step towards crime |
| Punishment | Same as planned crime or under S.17 | Attempt punishment under BNS |
So:
Conspiracy = planning
Attempt = effort + step toward execution
Both can be separate punishable offences.
7. Who Can Be Held Liable?
Section 17 applies to:
Anyone who participates in the agreement to commit or further an unlawful act.
Even if they:
did not carry out the crime, or
withdrew later (withdrawal may be a defence if proven on facts, but liability for conspiracy stands unless withdrawal is established before action taken)
8. Policy Reason Behind Section 17
The criminal law aims to:
Stop organised wrongdoing before it happens
Deter people from planning crime together
Hold planned criminal activity accountable
This reflects the idea that criminal planning undermines social safety, even without execution.
9. In Summary
Section 17 of the Bharatiya Nyaya Sanhita, 2023:
✔ Defines offence of criminal conspiracy
✔ Applies when two or more people agree to commit a crime or an unlawful act
✔ Punishment depends on:
severity of planned crime, or
statutory default if no specific punishment exists
✔ Crime complete at the moment of agreement itself
✔ Encourages prevention of organised wrongdoing
10. Key Takeaways (For Exam/Study)
Agreement alone is sufficient for liability
No requirement of completing the planned crime
Punishable even if no overt act is done
Purpose of the law: curb organised planning of crimes
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