Code
Section 148 – Conspiracy To Commit Offences Punishable By Section 147
Whoever within or without and beyond India conspires to commit any of the
offences punishable by section 147, or conspires to overawe, by means of criminal force or
the show of criminal force, the Central Government or any State Government, shall be punished
with imprisonment for life, or with imprisonment of either description which may extend to
ten years, and shall also be liable to fine.
Explanation.—To constitute a conspiracy under this section, it is not necessary that
any act or illegal omission shall take place in pursuance thereof.
Explanation
What Does Section 148 BNS Cover?
Section 148 of Bharatiya Nyaya Sanhita (BNS), 2023 criminalizes conspiracies related to waging war against the Government of India (covered under Section 147 BNS).
It punishes individuals who:
- Conspire to commit war against India – Even if the actual war is not carried out.
- Attempt to intimidate or overawe the government – Using criminal force or a show of force.
- Plan such activities within or outside India – Even if the conspirators are located abroad.
Key Elements of Section 148 BNS
- Conspiracy to Wage War: Planning or plotting to commit war against the government.
- Criminal Force Against Government: Any organized attempt to overpower the Central or State Government.
- Global Jurisdiction: The law applies even if the conspiracy is planned outside India.
- No Requirement for an Overt Act: Unlike other conspiracy laws, an actual act does not need to be committed for a crime to be established under this section.
Punishment Under Section 148 BNS
- Life Imprisonment, OR
- Imprisonment up to 10 years, AND
- Fine
Illustration
- Example 1: Planning a Coup
A group of people secretly meets in a foreign country to plan an armed rebellion against the Government of India. Even if no attack happens, all members of the conspiracy are guilty under Section 148 BNS. - Example 2: Terrorist Organizations
A terrorist group operating outside India plans to attack key government buildings. Even if they are stopped before executing the attack, they can be punished for conspiracy under Section 148 BNS. - Example 3: Military Uprising
Certain officials conspire to overthrow the government using military force. Even if their plot is discovered before execution, they are liable under this section.
Common Questions and Answers on Section 148 BNS
1. What is the punishment for conspiracy under Section 148 BNS?
The punishment includes life imprisonment or imprisonment up to 10 years, along with a fine.
2. Is an actual act of war necessary to be convicted under Section 148?
No, just conspiring (planning) to commit an act of war is enough to be convicted under this section.
3. Does this section apply to people outside India?
Yes, even if a conspiracy is planned abroad, the offenders can be prosecuted under BNS Section 148.
4. What is the difference between Section 147 and Section 148 of BNS?
- Section 147 BNS punishes actual war, attempts, or abetment of war against India.
- Section 148 BNS punishes conspiring to commit war or intimidate the government, even if no act takes place.
5. What other laws are related to Section 148 BNS?
- Section 147 BNS – Punishes waging war against India.
- Unlawful Activities (Prevention) Act (UAPA) – Covers terrorist conspiracies.
- National Security Act (NSA) – Allows preventive detention of individuals planning anti-national activities.
Conclusion
Section 148 of BNS is a strong legal provision to curb national security threats at the conspiracy stage itself. It ensures that even planning war or intimidating the government is a serious crime with severe punishments, including life imprisonment.
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