BNS Section 148: Conspiracy to Commit Offences Punishable by Section 147
Section 148 of BNS is part of Chapter 7 - Offences against the state in Bharatiya Nyaya Sanhita 2023 Act. It addresses the offense of conspiracy to commit offenses punishable under Section 147. Section 147 itself pertains to the offense of rioting, and Section 148 specifically criminalises the act of conspiring to engage in such violent or unlawful activities. This provision is aimed at targeting individuals or groups who, through planning and collaboration, intend to cause public disorder or harm to individuals or property.
Definition of BNS Section 148
Section 148 of the BNS 2023 States:
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.
Explanation and Illustration of BNS Section 148
Section 148 deals with the punishment of those who conspire or agree to commit violent acts against the government, even though they have not yet taken any direct action. A person need not carry out or execute the criminal plan for the law to apply. It is enough that he conspires or coordinates with others to overthrow or intimidate the government through force.
Illustration:
Imagine a group of people within and outside India are secretly hatching and plotting an uprising against the Indian government, with the intent of carrying out a violent act. Though nothing physical or violent has happened, their mere conspiracy to commit the act brings them under the provisions of Section 148, which could send them to prison for life or imprison them for 10 years, coupled with a fine. It zeroes in on the risks of such conspiratorial actions by penalising the planning and intent to use force against the government.
Key Points in Section 148
Section 148 of the BNS 2023 outlines the punishment for individuals conspiring to commit offenses under section 147, or attempting to intimidate the Central or State Government through criminal force:
- Conspiracy is a type of agreement between two people or more with regard to doing an unlawful act
- The law applies even if the conspiracy occurs outside of India.
- The conspiracy can take place either within or beyond Indian borders
- This section deals with the case where an attempt is made to overawe or intimidate the Central or State Government by criminal force or threats. It focuses on efforts to dethrone the government or to breach its security
- The imprisonment term for conspiracy under this section can be for life or up to ten years, and there can also be a fine in conjunction with a term of imprisonment.
Differences Between Section 148 of BNS and its Equivalent IPC Section
This section outlines the key differences between Section 148 of BNS and its equivalent IPC section 121A focusing on their distinct approaches to definitions, interpretations and legal principles within the framework of criminal law.
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 148 | Conspiracy to commit offences punishable by Section 147. | 121A | 'and beyond' is added. |
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FAQs about Section 148 of the Bharatiya Nyaya Sanhita (BNS)
What does Section 148 of BNS cover?
Section 148 of the BNS deals with the offense of conspiracy to commit criminal acts. It outlines the punishment for those conspiring to commit crimes listed under Section 145, or attempting to intimidate the government using criminal force.
What is considered a conspiracy under Section 148?
A conspiracy under Section 148 involves an agreement between two or more individuals to commit an unlawful act. It covers planning or conspiring to engage in offenses, including human trafficking, intimidation, or overawing the government with criminal force.
Can conspiracies outside India be prosecuted under Section 148?
Yes, Section 148 applies even if the conspiracy takes place outside of India. The law is designed to cover conspiracies both within and outside Indian territory, ensuring that individuals involved in unlawful agreements are held accountable.
How is intimidation of the government handled under Section 148?
Section 148 addresses conspiracies aimed at intimidating the government through criminal force or threats. It includes any actions intended to challenge the authority or stability of the Central or State Government, undermining their functioning.
What punishments are specified under Section 148?
Section 148 provides punishments ranging from life imprisonment to up to ten years in prison, depending on the severity of the conspiracy. A fine may also be imposed in addition to imprisonment, serving as a deterrent for such offenses.
