Conspiracy to commit offences punishable by section 147
Section 148 of the Bharatiya Nyaya Sanhita, 2023 deals with 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 impri The Act came into force on 01 Jul 2024.
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.
Section 148, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 121A Conspiracy to commit offences punishable by section 121 Text carried over almost unchanged 98%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
How this offence is classified
From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| Conspiring to commit certain offences against the State. | Imprisonment for life, or imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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O. Samarjit Singh @ Naresh @ Kadeng vs The National Investigation Agency
Decided under Indian Penal Code 121A, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When a convict in a terrorism-related case has undergone substantial detention (more than 70% of the maximum sentence) and the appellate process is likely to be prolonged with no immediate prospect of final hearing, bail pending disposal of appeal may be granted, provided stringent conditions are imposed to ensure compliance and prevent flight or further criminal activity.
On this section: Offence of waging war against the Government of India; appellant was convicted under this section
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Tanveer Ahmed vs State of Uttarakhand
Decided under Indian Penal Code 121A, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
In cases involving charges under Section 121-A IPC (conspiracy against the State), the prosecution must provide material evidence beyond the accused's statement to justify continued judicial custody. The absence of specific corroborating evidence, despite allegations of training abroad and possession of cartridges, renders the case fit for bail, as the applicant cannot be detained indefinitely on the basis of unsubstantiated charges.
On this section: Applicant charged with conspiracy to commit offences against the State; the court found no material apart from the applicant's statement to invoke this provision, which was critical to the bail decision.
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Balwant Singh Khera vs Uoi
Decided under Indian Penal Code 121A, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When a petitioner alleges that criminal offences have been committed, the proper procedure is to file a First Information Report before the concerned Police Station. A Criminal Writ Petition is not the appropriate forum for raising such allegations, even if the matter involves public interest considerations. The High Court will not entertain criminal writ petitions that should properly be addressed through the regular criminal procedure mechanism.
On this section: Waging war against the Government of India - cited as core allegation regarding political asylum activities
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 148
What have the courts held on Section 148 of the Bharatiya Nyaya Sanhita?
O. Samarjit Singh @ Naresh @ Kadeng vs The National Investigation Agency (05 Jan 2018) is the leading judgment on this section among those set out below, though it was decided under IPC 121A, which this section replaced -- the court never mentioned this Act: Offence of waging war against the Government of India; appellant was convicted under this section. Another 2 judgments on this section are set out below. They run from 2003 to 2023.
Is Section 148 of the Bharatiya Nyaya Sanhita bailable?
Non-bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 148 of the Bharatiya Nyaya Sanhita cognizable?
Cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Court of Session.
How do I find court cases under Section 148 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 148, section 148 BNS, section 148 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 148 to 151. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with O. Samarjit Singh @ Naresh @ Kadeng vs The National Investigation Agency (05 Jan 2018).
What should I read with Section 148 of the Bharatiya Nyaya Sanhita, and has it changed?
Its own text turns on section 147 (Waging, or attempting to wage war, or abetting waging of war, against Government of India), so none of them can safely be read on its own. It carries forward IPC 121A (Conspiracy to commit offences punishable by section 121), so the judgments decided under that provision are the case law on this one.
When did Section 148 of the Bharatiya Nyaya Sanhita come into force?
Section 148 of the Bharatiya Nyaya Sanhita, cited as BNS 148, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
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Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.