Bharatiya Nyaya Sanhita, 2023
Section 148
Conspiracy to commit offences punishable by section 147
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.
Why this exists
This provision continues a rule first added to the Indian Penal Code in 1913 (as Section 121A) after colonial authorities worried that revolutionary and anti-colonial plots were being planned abroad and could not be prosecuted unless an actual attack occurred. Lawmakers wanted to criminalize the planning stage itself — the conspiracy — rather than wait for an uprising or armed attack to actually happen. The BNS, 2023 retains this logic almost unchanged, recognizing that plots to wage war or coerce government through force remain a serious threat to the State's stability, whether hatched inside India or abroad.
How courts read it
Under the identical predecessor provision (IPC Section 121A), courts have held that the offence is complete the moment there is an agreement to wage war or to overawe the Government by criminal force — no overt act, weapon, or attack is legally required, because the Explanation removes that requirement. This principle was applied in high-profile prosecutions such as the 2001 Parliament Attack case and the Rajiv Gandhi assassination conspiracy trial, where courts examined evidence of agreement and common purpose among conspirators, even those who did not personally commit violent acts, to establish guilt for conspiracy.
Common misconceptions
- Myth: You can only be punished under this section if the planned attack or violence actually takes place.
Fact: The Explanation clearly states that no act or omission needs to occur — the agreement (conspiracy) itself is enough to attract punishment. - Myth: This section only applies to conspiracies planned within India.
Fact: The text explicitly covers conspiracies formed 'within or without and beyond India,' so plots hatched abroad against the Indian Government are also covered.