Procedural Classification · BNSS First Schedule

Is BNS Section 61(2) Bailable or Non-Bailable?

Analysis of bail rules, arrest eligibility, and warrant requirements for BNS Section 61(2): Criminal conspiracy punishment under the Bharatiya Nagarik Suraksha Sanhita (BNSS).

🛡️ Bail & Arrest Summary

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

Bail Status

✕ Non-Bailable (Court discretion required)

Arrest Authority

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

Prescribed Punishment

Same as for abetment of the offence which is the object of the conspiracy

Any other criminal conspiracy

Bail Status

✓ Bailable (Bail is a matter of right)

Arrest Authority

Non-cognizable (Police cannot arrest without warrant)

Triable Court

Magistrate of the first class

Prescribed Punishment

Imprisonment for 6 months, or fine, or both