Bail Status Guide

Is BNS Section 61(1) Bailable or Non-Bailable? Arrest Guidelines

BNS Section 61(1): Criminal conspiracy definition (Legacy IPC Section N/A)

Statutory Classification Details

Criminal conspiracy to commit offence punishable with death, life imprisonment, or rigorous imprisonment for 2+ years

  • Bailable Status: Non-bailable (Bail can only be granted by the Judiciary) — follows the bail status of the offence conspired
  • Cognizable Status: According as the offence (object of conspiracy) is cognizable or non-cognizable
  • Triable Court: Court by which abetment of the offence (object of conspiracy) is triable
  • Official Punishment: Same as for abetment of the offence which is the object of the conspiracy

Any other criminal conspiracy

  • Bailable Status: Bailable (Bail is a legal right — granted at police station)
  • Cognizable Status: Non-cognizable (Police cannot arrest without warrant)
  • Triable Court: Magistrate of the first class
  • Official Punishment: Imprisonment for 6 months, or fine, or both