Section 148 BNS: Conspiracy to Commit Offences Punishable by Section 147
Section 148 of the Bharatiya Nyaya Sanhita, 2023 deals with conspiracy to commit an offence punishable under Section 147, and conspiracy to overawe the Central Government or any State Government by criminal force or by the show of criminal force.
Text of Section 148 of the Bharatiya Nyaya Sanhita, 2023
What Section 148 BNS Covers
Section 148 targets the agreement or conspiracy itself in two closely related situations. The first is a conspiracy to commit any offence punishable under Section 147 BNS. The second is a conspiracy to overawe the Central Government or a State Government by criminal force or by the show of criminal force.
The provision expressly applies to a person who conspires within India as well as a person who conspires without and beyond India, subject to the application of the BNS and other applicable procedural and jurisdictional rules.
Meaning of Section 147 Referred to in Section 148
Section 147 BNS is titled "Waging, or attempting to wage war, or abetting waging of war, against Government of India." It punishes a person who wages war against the Government of India, attempts to wage such war, or abets the waging of such war. The punishment under Section 147 is death or imprisonment for life, together with liability to fine.
Essential Ingredients of Section 148 BNS
For Section 148 to apply, the allegation must relate to a conspiracy falling within the statutory language. In practical terms, the provision requires an agreement to do one of the following:
- commit an offence punishable under Section 147 BNS; or
- overawe the Central Government by criminal force or the show of criminal force; or
- overawe a State Government by criminal force or the show of criminal force.
The Explanation is important. For a conspiracy under Section 148, the statute does not require proof that an act or illegal omission was actually carried out in pursuance of the conspiracy. The existence and nature of the alleged agreement therefore become central to the application of the provision.
Punishment Under Section 148 BNS
| Offence | Conspiracy to commit offences punishable under Section 147, or conspiracy to overawe the Central Government or a State Government by criminal force or show of criminal force. |
|---|---|
| Punishment | Imprisonment for life, or imprisonment of either description which may extend to 10 years, and fine. |
| Cognizability | Cognizable. |
| Bail | Non-bailable. |
| Court | Court of Session. |
Why the Explanation to Section 148 Matters
In many conspiracy provisions, an overt act can become relevant depending on the wording of the law. Section 148 contains an express rule: it is not necessary that any act or illegal omission take place in pursuance of the conspiracy. Accordingly, the statutory focus is on whether the alleged conspiracy covered conduct described in Section 148.
Section 148 and General Criminal Conspiracy Provisions
Section 148 is a specific offence dealing with conspiracy in the context of offences against the State described in Chapter VII of the BNS. Where a case concerns this specific subject matter, the exact allegations, the statutory ingredients, the evidence of agreement, territorial application, and applicable procedural provisions should be examined together.
Related BNS Provisions
Frequently Asked Questions
What is Section 148 BNS?
Section 148 BNS criminalizes conspiracy to commit offences punishable under Section 147 and conspiracy to overawe the Central Government or a State Government by criminal force or by the show of criminal force.
Is an overt act necessary for Section 148 BNS?
No. The Explanation to Section 148 expressly states that an act or illegal omission in pursuance of the conspiracy is not necessary to constitute a conspiracy under this section.
What is the punishment under Section 148 BNS?
The punishment is imprisonment for life, or imprisonment of either description for a term that may extend to ten years, and the offender is also liable to fine.
Is Section 148 BNS bailable?
No. Under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, the offence is classified as non-bailable. It is also cognizable and triable by the Court of Session.
This page provides general legal information based on the statutory text. Application of Section 148 depends on the facts, evidence, jurisdiction, and procedural law applicable to a particular case.