Conspiracy to commit offences punishable by section 147
What this section does
This section punishes conspiracy to commit offences under section 147 (waging war against the Government of India) or conspiracy to overawe the Central or any State Government by criminal force or show of criminal force. Notably, the conspiracy is complete even if no overt act is committed in furtherance of it, and the offence applies whether the conspiracy is formed within or outside India.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Quick reference
- Punishment
- Imprisonment for life, or imprisonment of either description up to 10 years, and fine.
- Triable by
- Sessions Court
- Cognizable
- Yes
- Bailable
- No
- Compoundable
- No
Ingredients (what prosecution must prove)
- The accused conspired with others
- The conspiracy was either to commit offences punishable under section 147, or to overawe the Central Government or any State Government by criminal force or show of criminal force
- No overt act or illegal omission in pursuance of the conspiracy is required to constitute the offence
Practitioner note
The Explanation expressly provides that no act or illegal omission in pursuance of the conspiracy is necessary to complete the offence. The section has extra-territorial reach, applying to conspiracies formed outside India.
Derived from IPC s.121A.
Read the official text
For the binding statutory text of BNS Section 148, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 148 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.