Section 61 Bharatiya Nyaya Sanhita (BNS) deals with the concept of criminal conspiracy and is further divided into:
Section 61(1) – Defines criminal conspiracy as an agreement between two or more persons to commit an illegal act or a legal act by illegal means.
Section 61(2) – Specifies the punishment for criminal conspiracy.
Ways to Get Relief Under 61 Bharatiya Nyaya Sanhita (BNS)
If a person is accused under Section 61(2) BNS (Punishment for Criminal Conspiracy), relief can be sought in the following ways:
Lack of Evidence – If the prosecution fails to prove that there was an agreement to commit an offense, the accused can be acquitted.
No Mens Rea (Criminal Intent) – If the accused can show that they had no intention to commit the crime and were unaware of the conspiracy, they may be relieved from liability.
No Direct Participation – If the accused was merely present but did not actively participate in planning or executing the act, they may argue for relief.
Filing for Anticipatory Bail (if not yet arrested) – If a person is falsely implicated, they can approach the court for anticipatory bail under Section 483 of BNSS.
Quashing of FIR under Section 528 BNSS – If the case is false or baseless, the accused can approach the High Court to get the FIR quashed.
Plea Bargaining (if applicable) – If the offense is minor, plea bargaining can be used to get a reduced sentence.
Discharge Application – Before the trial starts, the accused can file a discharge application under Section 250 BNSS (for sessions court) or Section 262 BNSS (for magistrate court) if the case lacks sufficient evidence.
Appeal Against Conviction – If convicted, the accused can challenge the verdict in the higher courts.
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