Section 148 BNS: Conspiracy to commit offences punishable by section 147

Bharatiya Nyaya Sanhita, 2023

Section 148 BNS at a Glance

Section 148 BNS deals with conspiracy to commit offences punishable by section 147. It is non-bailable and cognizable, triable by the Court of Session; it replaced Section 121A IPC on 1 July 2024.

Punishment

Imprisonment for life, or imprisonment of either description for up to ten years.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ
IPC Equivalent

Section 121A →

Section 148 BNS Bare Act Text

148. Conspiracy to commit offences punishable by section 121

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.

Source: Section 148, Bharatiya Nyaya Sanhita, 2023

Section 148 BNS in Simple Words

Section 148 BNS of the Bharatiya Nyaya Sanhita (BNS) deals with conspiracy to commit any of the offences punishable under Section 147 BNS, which covers waging, attempting to wage, or abetting war against the Government of India. It also covers conspiring to overawe the Central Government or any State Government by means of criminal force or the show of criminal force. In simple terms, if two or more people agree to wage war against India or intimidate a government through force, the law punishes that agreement itself, whether the conspiracy takes place within India or outside and beyond India.

Under the Explanation to this section, no act or illegal omission needs to take place in pursuance of the conspiracy for the offence to be complete. In practical terms, this provision allows the police and courts to act against plots threatening the State at the planning stage, even before any violent act is carried out.

Ingredients of Section 148 BNS

  • The accused conspired, within or without and beyond India
  • The object was to commit an offence punishable by Section 147 BNS, or to overawe the Central Government or any State Government by criminal force or the show of criminal force

Punishment Under Section 148 BNS

Imprisonment

Imprisonment for life, or imprisonment of either description for up to ten years.

Fine

The offender is also liable to fine.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

Conspiring to wage war, or to overawe the Government by force, carries imprisonment for life, or up to ten years, and liability to fine.

Example of Section 148 BNS

Three men meet in a hotel abroad and agree to seize a State secretariat by armed force, so as to compel the State Government to give in to their demands. They buy no weapon and take no step towards it. The agreement is itself the offence under Section 148 BNS, because the Explanation says that no act or illegal omission need take place in pursuance of the conspiracy.

When Section 148 BNS Does Not Apply

  • The accused did not agree with anyone to commit the offence or to overawe the Government
  • The object of the agreement was some other offence, and not an offence under Section 147 BNS or the overawing of a Government. Section 61 BNS applies instead
  • The Government the accused meant to overawe was not the Central Government or a State Government

Section 148 BNS in the IPC (Previous Law)

Section 148 BNS replaces Section 121A IPC from the old criminal code.

Section 121A IPC is now Section 148 BNS, with the same punishment. The BNS changes two phrases. It widens the place of the conspiracy from within or without India to within or without and beyond India, and it cites Section 147 BNS in place of Section 121 IPC.

View IPC Section 121A →

FAQs on Section 148 BNS

Is an actual act of war or force necessary for Section 148 BNS?▼

No. Under the Explanation to Section 148 BNS, no act or illegal omission is required to take place in pursuance of the conspiracy. The offence is complete once there is an agreement to commit an offence under Section 147 BNS or to overawe the Central Government or any State Government by criminal force.

What must the prosecution prove under Section 148 BNS?▼

It must prove an agreement between two or more persons, within or without and beyond India, to commit an offence punishable under Section 147 BNS or to overawe the Central Government or any State Government by criminal force or the show of criminal force.

Is Section 148 BNS the same as ordinary conspiracy?▼

It is a specific and grave conspiracy offence tied to waging war against the Government of India under Section 147 BNS or overawing the Central or a State Government by criminal force, rather than an ordinary criminal conspiracy.

What is the practical use of Section 148 BNS?▼

It allows law enforcement to act against plots to wage war against India or intimidate the Central or a State Government by force at the earliest stage, even where the agreement is made outside India and before any step is taken to carry it out.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·