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Section 148: Conspiracy to Commit Offences Against State

Bharatiya Nyaya Sanhita • Chapter VII: Of Offences Against the State & Armed Forces • Official Statutory Text & Legal Guide

Chapter VII: Of Offences Against the State & Armed Forces
Court of Session
Non-Bailable
Cognizable
Formerly Sec 121A IPC
Section 147 All 358 Sections of Bharatiya Nyaya Sanhita Section 149

Legal Commentary & Landmark Judgments: Section 148

Section 148 penalizes conspiracy to commit offences punishable by section 147, or to overawe, by means of criminal force or show of criminal force, the Central Government or any State Government, prescribing imprisonment for life or up to ten years, and fine.

  • Conspiracy Against the State: Entering into an agreement to wage war against the Government of India, or to overawe the Central or State Government.
  • Overt Act Not Required: Statutory Explanation: no overt act or actus reus in execution of the conspiracy is necessary; the conspiratorial agreement itself constitutes the completed crime.
  • Severe Penal Scope: Punishable with imprisonment for life or imprisonment of either description extending up to ten years (formerly Section 121A IPC).
Key Landmark Precedents:
  • State (NCT of Delhi) v. Navjot Sandhu (2005) 11 SCC 600: A three-judge bench held that conspiracy to wage war under Section 121A IPC (Section 148 BNS) is completed the moment the agreement is formed, and can be proved by circumstantial evidence and digital intercepts.
  • State of Maharashtra v. Som Nath Thapa (1996) 4 SCC 659: Affirmed that proof of membership in a terrorist logistics cell planning armed attacks establishes liability under state conspiracy provisions.
Courtroom Practice & Strategic Litigation Guidance:

In seditious conspiracy trials, scrutinize electronic evidence under Section 63 BSA: if phone call recordings, encrypted chat transcripts, or meetings are unverified or fail to show an agreement to overthrow the state, Section 148 BNS charges cannot stand.

Section 147 All 358 Sections of Bharatiya Nyaya Sanhita Section 149