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KembaraXtra - Bharatiya Nyaya Sanhita - Section 148 - Conspiracy to Commit Offences Punishable by Section 147
Introduction
Section 148 of the Bharatiya Nyaya Sanhita, 2023, deals with criminal conspiracy to commit offences punishable under Section 147 or to overawe the Central Government or any State Government through criminal force or a show of criminal force.
The provision applies to conspiracies formed within or outside India.
An important feature of Section 148 is that the conspiracy itself is punishable. It is not necessary for the conspirators to carry out an act or illegal omission in furtherance of their agreement.
The punishment may be imprisonment for life or imprisonment extending up to ten years, together with liability to a fine.
Meaning of Section 148
Under Section 148, a person commits an offence if they conspire to commit any offence punishable under Section 147 of the Bharatiya Nyaya Sanhita.
The provision also applies where persons conspire to overawe the Central Government or any State Government by means of criminal force or a show of criminal force.
Accordingly, Section 148 addresses agreements to commit the specified offences or to intimidate the government through the prohibited use or display of criminal force.
The explanation expressly states that no act or illegal omission needs to occur in pursuance of the conspiracy.
Two Forms of Conspiracy Covered Under Section 148
1. Conspiracy to Commit an Offence Under Section 147
The first category concerns a conspiracy to commit an offence punishable under Section 147.
As explained in the supplied commentary, this includes conspiracy relating to waging war against the Government of India.
The provision therefore penalises an agreement to commit the specified offence even where the intended war has not actually been waged.
2. Conspiracy to Overawe the Central or State Government
The second category concerns a conspiracy to overawe the Central Government or any State Government.
The intended intimidation must involve criminal force or a show of criminal force.
The provision therefore covers conspiracies directed at intimidating the government through the specified means.
Essential Ingredients of Section 148
1. There Must Be a Conspiracy
The supplied commentary explains that conspiracy involves an agreement between two or more persons.
Accordingly, Section 148 concerns persons who agree to carry out one of the prohibited objectives identified in the provision.
2. The Agreement Must Concern a Specified Objective
The conspiracy must be directed towards either:
- Committing an offence punishable under Section 147; or
- Overawing the Central Government or any State Government through criminal force or a show of criminal force.
The existence of an agreement alone is not sufficient unless its objective falls within the conduct specified in Section 148.
3. The Conspiracy May Be Formed Within or Outside India
Section 148 expressly refers to persons conspiring within or outside and beyond India.
The provision therefore is not restricted in its wording to conspiracies formed within India’s territorial boundaries.
4. Actual Waging of War Is Not Required
The supplied commentary explains that the offence of conspiracy may arise even where war has not actually been waged.
The provision concerns the agreement to commit the specified offence.
Accordingly, completion of the intended offence is not an express requirement for liability under Section 148.
5. No Act or Illegal Omission in Furtherance Is Necessary
The explanation to Section 148 expressly states that it is unnecessary for any act or illegal omission to take place in pursuance of the conspiracy.
This is a central feature of the provision.
The conspiracy itself is punishable when the requirements of Section 148 are satisfied.
Meaning of Overawing the Government
The supplied commentary explains “overawing” as intimidating the government.
Under Section 148, the intended intimidation must be carried out through criminal force or a show of criminal force.
The provision expressly identifies the Central Government and any State Government as the authorities against which this form of conspiracy may be directed.
Thus, the section concerns an agreement to intimidate the specified government through the prohibited means.
Conspiracy Within or Outside India
Section 148 uses wording that extends to conspiracies occurring within or outside India.
The supplied commentary explains that “without India” refers to places outside India’s physical boundaries.
It also discusses the expression “beyond India” in connection with activities extending outside Indian territory.
The commentary mentions foreign countries, international territories, international waters and cyberspace when explaining the possible geographical scope of these expressions.
However, the final portion of this explanation is incomplete in the supplied extract.
The essential statutory point is that Section 148 expressly extends beyond conspiracies formed solely within India.
Explanation — No Overt Act Required
The explanation to Section 148 states that a conspiracy under the provision does not require any act or illegal omission to occur in pursuance of the agreement.
This means that the conspirators need not take an additional step towards carrying out the intended offence for the conspiracy described in Section 148 to be punishable.
The supplied commentary emphasises that the agreement itself is sufficient when the statutory requirements are satisfied.
Accordingly, the prosecution need not establish that war was actually waged or that the government was successfully overawed.
The relevant issue is whether the accused participated in the conspiracy prohibited by the section.
Punishment Under Section 148
A person who commits the offence under Section 148 may be punished with:
- Imprisonment for life; or
- Imprisonment of either description for a term extending up to ten years.
The offender is also liable to a fine.
The provision therefore prescribes imprisonment for life or imprisonment extending up to ten years, together with liability to a fine.
The supplied statutory text does not specify a numerical maximum amount for the fine.
Classification of the Offence
According to the classification provided in the supplied text:
Nature of Offence: Cognizable.
Bail: Non-Bailable.
Triable By: Court of Session.
Distinction Between Sections 147, 148 and 149
Section 147 — Waging War Against the Government of India
Section 147 concerns the offence of waging war against the Government of India, including the forms of conduct specified in that provision.
Section 148 — Conspiracy to Commit the Specified Offences
Section 148 concerns conspiracy to commit offences punishable under Section 147 or to overawe the Central Government or any State Government through criminal force or its display.
The explanation makes clear that no act or illegal omission in furtherance of the conspiracy is necessary.
Section 149 — Preparations to Wage War
Section 149 concerns collecting men, arms or ammunition, or otherwise preparing to wage war against the Government of India, with the required intention.
The principal distinction is therefore between the underlying offence under Section 147, conspiracy under Section 148 and preparatory conduct under Section 149.
Commentary
Section 148 of the Bharatiya Nyaya Sanhita, 2023, corresponds to Section 121A of the Indian Penal Code, 1860.
According to the supplied commentary, the provision has been retained with changes to its wording.
The reference to Section 121 of the Indian Penal Code has been replaced with the corresponding reference to Section 147 of the Bharatiya Nyaya Sanhita.
The commentary also identifies the addition of the words “and beyond” in the geographical description of the provision.
These changes reflect the revised statutory numbering and wording under the Bharatiya Nyaya Sanhita.
The commentary emphasises that Section 148 criminalises an agreement between two or more persons to commit the specified offences or to overawe the government through criminal force or its display.
It also highlights that actual warfare or an additional act in furtherance of the conspiracy is unnecessary.
Key Takeaway
Section 148 makes it an offence to conspire to commit an offence punishable under Section 147 or to overawe the Central Government or any State Government through criminal force or a show of criminal force.
The provision applies to conspiracies within or outside India.
The explanation expressly provides that no act or illegal omission in furtherance of the conspiracy is necessary.
The punishment may be imprisonment for life or imprisonment extending up to ten years, together with liability to a fine.
The offence is cognizable, non-bailable and triable by a Court of Session.
IPC Equivalent: Section 121A IPC.
Legislative Position: The provision has been retained, with the reference to IPC Section 121 replaced by BNS Section 147 and additional geographical wording introduced.
Final Memory Formula
SECTION 148 = AGREEMENT BETWEEN TWO OR MORE PERSONS + CONSPIRACY TO COMMIT AN OFFENCE UNDER SECTION 147 OR TO OVERAWE CENTRAL OR STATE GOVERNMENT THROUGH CRIMINAL FORCE OR SHOW OF CRIMINAL FORCE = LIFE IMPRISONMENT OR UP TO TEN YEARS’ IMPRISONMENT, WITH LIABILITY TO FINE.
IMPORTANT EXPLANATION: NO ACT OR ILLEGAL OMISSION IN PURSUANCE OF THE CONSPIRACY IS NECESSARY.
IMPORTANT DISTINCTION: SECTION 147 — WAGING WAR; SECTION 148 — CONSPIRACY; SECTION 149 — PREPARATIONS TO WAGE WAR.
The provision applies to conspiracies formed within or outside India.
An important feature of Section 148 is that the conspiracy itself is punishable. It is not necessary for the conspirators to carry out an act or illegal omission in furtherance of their agreement.
The punishment may be imprisonment for life or imprisonment extending up to ten years, together with liability to a fine.
Meaning of Section 148 Under Section 148, a person commits an offence if they conspire to commit any offence punishable under Section 147 of the Bharatiya Nyaya Sanhita.
The provision also applies where persons conspire to overawe the Central Government or any State Government by means of criminal force or a show of criminal force.
Accordingly, Section 148 addresses agreements to commit the specified offences or to intimidate the government through the prohibited use or display of criminal force.
The explanation expressly states that no act or illegal omission needs to occur in pursuance of the conspiracy.
Two Forms of Conspiracy Covered Under Section 148 1. Conspiracy to Commit an Offence Under Section 147 The first category concerns a conspiracy to commit an offence punishable under Section 147.
As explained in the supplied commentary, this includes conspiracy relating to waging war against the Government of India.
The provision therefore penalises an agreement to commit the specified offence even where the intended war has not actually been waged.
2. Conspiracy to Overawe the Central or State Government The second category concerns a conspiracy to overawe the Central Government or any State Government.
The intended intimidation must involve criminal force or a show of criminal force.
The provision therefore covers conspiracies directed at intimidating the government through the specified means.
Essential Ingredients of Section 148 1. There Must Be a Conspiracy The supplied commentary explains that conspiracy involves an agreement between two or more persons.
Accordingly, Section 148 concerns persons who agree to carry out one of the prohibited objectives identified in the provision.
2. The Agreement Must Concern a Specified Objective The conspiracy must be directed towards either: Committing an offence punishable under Section 147; or Overawing the Central Government or any State Government through criminal force or a show of criminal force.
The existence of an agreement alone is not sufficient unless its objective falls within the conduct specified in Section 148.
3. The Conspiracy May Be Formed Within or Outside India Section 148 expressly refers to persons conspiring within or outside and beyond India.
The provision therefore is not restricted in its wording to conspiracies formed within India’s territorial boundaries.
4. Actual Waging of War Is Not Required The supplied commentary explains that the offence of conspiracy may arise even where war has not actually been waged.
The provision concerns the agreement to commit the specified offence.
Accordingly, completion of the intended offence is not an express requirement for liability under Section 148.
5. No Act or Illegal Omission in Furtherance Is Necessary The explanation to Section 148 expressly states that it is unnecessary for any act or illegal omission to take place in pursuance of the conspiracy.
This is a central feature of the provision.
The conspiracy itself is punishable when the requirements of Section 148 are satisfied.
Meaning of Overawing the Government The supplied commentary explains “overawing” as intimidating the government.
Under Section 148, the intended intimidation must be carried out through criminal force or a show of criminal force.
The provision expressly identifies the Central Government and any State Government as the authorities against which this form of conspiracy may be directed.
Thus, the section concerns an agreement to intimidate the specified government through the prohibited means.
Conspiracy Within or Outside India Section 148 uses wording that extends to conspiracies occurring within or outside India.
The supplied commentary explains that “without India” refers to places outside India’s physical boundaries.
It also discusses the expression “beyond India” in connection with activities extending outside Indian territory.
The commentary mentions foreign countries, international territories, international waters and cyberspace when explaining the possible geographical scope of these expressions.
However, the final portion of this explanation is incomplete in the supplied extract.
The essential statutory point is that Section 148 expressly extends beyond conspiracies formed solely within India.
Explanation — No Overt Act Required The explanation to Section 148 states that a conspiracy under the provision does not require any act or illegal omission to occur in pursuance of the agreement.
This means that the conspirators need not take an additional step towards carrying out the intended offence for the conspiracy described in Section 148 to be punishable.
The supplied commentary emphasises that the agreement itself is sufficient when the statutory requirements are satisfied.
Accordingly, the prosecution need not establish that war was actually waged or that the government was successfully overawed.
The relevant issue is whether the accused participated in the conspiracy prohibited by the section.
Punishment Under Section 148 A person who commits the offence under Section 148 may be punished with: Imprisonment for life; or Imprisonment of either description for a term extending up to ten years.
The offender is also liable to a fine.
The provision therefore prescribes imprisonment for life or imprisonment extending up to ten years, together with liability to a fine.
The supplied statutory text does not specify a numerical maximum amount for the fine.
Classification of the Offence According to the classification provided in the supplied text: Nature of Offence: Cognizable.
Bail: Non-Bailable.
Triable By: Court of Session.
Distinction Between Sections 147, 148 and 149 Section 147 — Waging War Against the Government of India Section 147 concerns the offence of waging war against the Government of India, including the forms of conduct specified in that provision.
Section 148 — Conspiracy to Commit the Specified Offences Section 148 concerns conspiracy to commit offences punishable under Section 147 or to overawe the Central Government or any State Government through criminal force or its display.
The explanation makes clear that no act or illegal omission in furtherance of the conspiracy is necessary.
Section 149 — Preparations to Wage War Section 149 concerns collecting men, arms or ammunition, or otherwise preparing to wage war against the Government of India, with the required intention.
The principal distinction is therefore between the underlying offence under Section 147, conspiracy under Section 148 and preparatory conduct under Section 149.
Commentary Section 148 of the Bharatiya Nyaya Sanhita, 2023, corresponds to Section 121A of the Indian Penal Code, 1860.
According to the supplied commentary, the provision has been retained with changes to its wording.
The reference to Section 121 of the Indian Penal Code has been replaced with the corresponding reference to Section 147 of the Bharatiya Nyaya Sanhita.
The commentary also identifies the addition of the words “and beyond” in the geographical description of the provision.
These changes reflect the revised statutory numbering and wording under the Bharatiya Nyaya Sanhita.
The commentary emphasises that Section 148 criminalises an agreement between two or more persons to commit the specified offences or to overawe the government through criminal force or its display.
It also highlights that actual warfare or an additional act in furtherance of the conspiracy is unnecessary.
Key Takeaway Section 148 makes it an offence to conspire to commit an offence punishable under Section 147 or to overawe the Central Government or any State Government through criminal force or a show of criminal force.
The provision applies to conspiracies within or outside India.
The explanation expressly provides that no act or illegal omission in furtherance of the conspiracy is necessary.
The punishment may be imprisonment for life or imprisonment extending up to ten years, together with liability to a fine.
The offence is cognizable, non-bailable and triable by a Court of Session.
IPC Equivalent: Section 121A IPC.
Legislative Position: The provision has been retained, with the reference to IPC Section 121 replaced by BNS Section 147 and additional geographical wording introduced.
Final Memory Formula SECTION 148 = AGREEMENT BETWEEN TWO OR MORE PERSONS + CONSPIRACY TO COMMIT AN OFFENCE UNDER SECTION 147 OR TO OVERAWE CENTRAL OR STATE GOVERNMENT THROUGH CRIMINAL FORCE OR SHOW OF CRIMINAL FORCE = LIFE IMPRISONMENT OR UP TO TEN YEARS’ IMPRISONMENT, WITH LIABILITY TO FINE.
IMPORTANT EXPLANATION: NO ACT OR ILLEGAL OMISSION IN PURSUANCE OF THE CONSPIRACY IS NECESSARY.
IMPORTANT DISTINCTION: SECTION 147 — WAGING WAR; SECTION 148 — CONSPIRACY; SECTION 149 — PREPARATIONS TO WAGE WAR.
