Section 121A IPC: Conspiracy to commit offences punishable by section 121

Indian Penal Code, 1860

Section 121A IPC at a Glance

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

Punishment

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

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

Section 148 →

Section 121A IPC Bare Act Text

121A. Conspiracy to commit offences punishable by section 121

Whoever within or without India conspires to commit any of the offences punishable by section 121, 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 121A, Indian Penal Code, 1860

Section 121A IPC in Simple Words

Section 121A of the Indian Penal Code (IPC) punishes a conspiracy, within or without India, to commit any offence punishable by Section 121 IPC, or to overawe the Central Government or any State Government by means of criminal force or the show of criminal force.

The punishment is imprisonment for life, or imprisonment of either description for up to ten years, and fine.

The offence is cognizable and non-bailable, and it is tried by a Court of Session.

Ingredients of Section 121A IPC

  • The accused conspired, within or without India
  • The object was to commit an offence punishable by Section 121 IPC, or to overawe the Central Government or any State Government by criminal force or the show of criminal force
  • It is not necessary that any act or illegal omission took place in pursuance of the conspiracy

Punishment Under Section 121A IPC

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 fine.

Example of Section 121A IPC

In 2019, Harish and Devendra met at a rented house in Nagpur and conspired within India to march a violent mob to New Delhi and overawe the Central Government by the show of criminal force so that it would withdraw a taxation policy. Police learned of the plot from an informant and arrested both of them the following morning, before they contacted any followers or did any act in pursuance of their agreement. Because the Explanation makes any further act or illegal omission unnecessary once the conspiracy is formed, Harish and Devendra are punishable under Section 121A IPC.

When Section 121A IPC Does Not Apply

  • A person acted alone without entering into an agreement with any other person.
  • The conspirators agreed to commit an ordinary crime rather than an offence punishable by Section 121 IPC or the overawing of the Central Government or a State Government.
  • The conspirators sought to influence the Central Government or a State Government through peaceful persuasion rather than criminal force or the show of criminal force.
  • The body that the conspirators planned to overawe by criminal force was a private organisation or a foreign administration rather than the Central Government or a State Government.

Section 121A IPC in the BNS

Section 121A IPC is now covered under Section 148 BNS.

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 detailed comparison (IPC 121A vs BNS 148) →

FAQs on Section 121A IPC

What does Section 121A IPC provide?▼

It punishes a conspiracy, within or without India, to commit an offence punishable by Section 121 IPC, or to overawe the Central Government or a State Government by criminal force or the show of criminal force.

What is the punishment under Section 121A IPC?▼

Imprisonment for life, or imprisonment of either description for up to ten years, and the offender is also liable to fine.

Must any step be taken before Section 121A IPC applies?▼

No. The Explanation says that it is not necessary that any act or illegal omission take place in pursuance of the conspiracy.

Is an offence under Section 121A IPC cognizable?▼

Yes. The First Schedule to the CrPC makes it cognizable.

Is an offence under Section 121A IPC bailable?▼

No. It is non-bailable.

Which court tries an offence under Section 121A IPC?▼

A Court of Session.

Can an offence under Section 121A IPC be compounded?▼

No. It is not listed in Section 320 CrPC.

Where is Section 121A IPC in the Bharatiya Nyaya Sanhita?▼

In Section 148 BNS.

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

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·