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Introduction of Section 148 BNS

BNS Section 148 deals with the act of conspiracy to commit offences against the State, particularly those punishable under Section 147, which addresses offenses like waging war or attempting to undermine the authority of the Central or State Government through the use or threat of criminal force. This section emphasizes that even if no actual criminal act or illegal omission occurs, the act of conspiracy itself is punishable. The punishment under this section includes imprisonment for life or imprisonment for up to 10 years, along with a fine.


The Bharatiya Nyaya Sanhita (BNS) Section 148 replaces the old Indian Penal Code (IPC) Section 121-A.



What is section 148 of BNS ?

BNS Section 148 defines the crime of conspiring to commit offenses punishable under Section 147, including plotting to use criminal force or threatening the Central or State Government. It criminalizes the act of conspiracy, even if no illegal act is carried out. The section covers conspiracies both inside and outside India and provides for serious punishments such as life imprisonment or imprisonment for up to 10 years, along with a fine.


BNS Section 148 for conspiracy
BNS 148 defines conspiracy to commit war crimes

BNS 148 in Simple Points

  1. Conspiracy to Commit Offenses:
    This section makes it a crime to conspire to commit any offense punishable under Section 147, which includes acts that threaten the Government of India using criminal force or intimidation.
  2. No Act Required:
    Even if the conspiracy does not result in any physical act or illegal omission, the conspiracy itself is considered a crime under this section. This makes the mere planning or agreement a punishable offense.
  3. Applicable Beyond India:
    This section applies to conspiracies formed both inside and outside India. If a group of people outside India conspire to commit an offense against the Indian government, they can still be prosecuted under this law.
  4. Severe Punishment:
    The punishment for this crime includes life imprisonment or imprisonment for up to 10 years, along with a fine, depending on the severity of the conspiracy.
  5. State Offense:
    Conspiracy under this section is treated as a serious offense against the State, meaning it involves actions aimed at threatening or undermining the authority of the government.

Section 148 BNS Overview

Section 148 of the Bharatiya Nyaya Sanhita addresses the crime of conspiracy to commit offenses against the Government, either at the Central or State level. It includes plotting or planning to use criminal force to intimidate or harm the government. Importantly, the conspiracy does not need to result in any actual illegal act; the mere act of conspiring is considered an offense. Punishments for such conspiracies range from life imprisonment to 10 years imprisonment, with the possibility of an additional fine.

Section 148 BNS Overview :10 Key Points

  1. Definition of Conspiracy:
    Conspiracy means two or more people agreeing to commit a crime. In this case, the crime is something that threatens the Central or State Government.
  2. Targeting the Government:
    The law applies to conspiracies that use or threaten to use criminal force against the government. This could include planning to overthrow or harm the government.
  3. Punishable Even Without Action:
    The law punishes conspirators even if no actual crime is committed. Simply planning or discussing a criminal act against the government is enough for prosecution.
  4. Covers Acts Beyond India:
    This law is not limited to conspiracies formed within India. Even if the conspiracy takes place outside the country, the individuals involved can be punished if the plan targets the Indian government.
  5. Serious Penalties:
    The punishment is severe, with options ranging from life imprisonment to imprisonment for up to 10 years, along with a fine.
  6. Cognizable Offense:
    A cognizable offense means that the police can arrest someone involved in the conspiracy without a warrant if there is evidence of wrongdoing.
  7. Non-Bailable Offense:
    Being non-bailable means the accused does not have the automatic right to bail and can be held in custody while awaiting trial.
  8. Triable by Court of Session:
    This type of serious offense is tried in the Court of Session, which handles major criminal cases.
  9. National Security Focus:
    This section is focused on protecting the nation’s security by targeting those who conspire to harm the government.
  10. Imprisonment and Fine:
    Besides the prison sentence, individuals convicted under this section may also be subject to a fine. The amount of the fine is determined by the court based on the circumstances of the case.

Examples of BNS Section 148

  1. Example 1:
    A group of individuals in a foreign country plan to overthrow the Indian government by using force. Even though they haven’t taken any action yet, the mere fact that they are conspiring to commit such a crime makes them liable for prosecution under BNS Section 148.
  2. Example 2:
    A leader of a political group within India meets with others to plot the use of armed force to take over a state government. Even though no attack has occurred, their conspiracy is enough to be charged under BNS Section 148, as they are planning to use criminal force against the government.

BNS 148 Punishment

Life Imprisonment or Imprisonment for 10 Years:
The punishment for conspiring to commit offenses against the State can be either life imprisonment or imprisonment for up to 10 years, depending on the severity of the case.

Fine:
Along with imprisonment, the convicted person may also be subject to a fine, which is determined by the court based on the specifics of the case.


Punishment for conspiracy under BNS Section 148
Life imprisonment or 10 years for BNS 148 offenses

BNS 148 bailable or not ?

No, BNS Section 148 is a non-bailable offense. This means that the accused cannot obtain bail as a matter of right and will typically remain in custody until the case is resolved unless the court grants bail under special circumstances.


Bharatiya Nyaya Sanhita Section 148

OffenseDefinitionPunishmentBailableCognizableTrial Court
Conspiring to commit offenses punishable by Section 147Plotting or planning to commit acts like waging war or intimidating the government through forceLife imprisonment or up to 10 years imprisonment, and fineNon-bailableCognizableCourt of Session
Bharatiya Nyaya Sanhita Section 148

BNS Section 148 FAQs

What is the main offense covered by BNS Section 148?

Does the conspiracy need to lead to an actual crime?

What is the punishment for conspiring under BNS Section 148?

The punishment for conspiracy under this section can be life imprisonment or imprisonment for up to 10 years, along with a fine.

Is this offense bailable?


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