Conspiracy to commit offences punishable by section 121
Section 121A of the Indian Penal Code, 1860 deals with conspiracy to commit offences punishable by section 121. Whoever within or without [India] conspires to commit any of the offences punishable by section 121, 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 imprisonm The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
Whoever within or without [India] conspires to commit any of the offences punishable by section 121, 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 121A, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 148 Conspiracy to commit offences punishable by section 147 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 The repealed enactment still governs what happened while it was in force.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.
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
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
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
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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… 45 is that, for the purpose of grant of bail, what was now to be looked at was offences that were punishable for a term of imprisonment of three years or more under Part A of the Schedule, and not offences under the 2002 Act itself. At this stage, Part A of the Schedule contained two paragraphs – Para 1 containing Sections 121 and 121A of the Indian Penal Code, which deal with waging or attempting to wage war or abetting waging of war against the Government of India, and conspiracy to commit such offences. Paragraph 2 dealt with offences under the Narcotic Drugs and Psychotropic Substances Act, 1985. Part B of the Schedule, as originally enacted, …
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… The NIA, was, accordingly, directed by the Ministry of Home Affairs to launch an investigation into the matter. Consequently, the case was registered, bearing no. RC-10/2017/NIA/DLI, under Sections 120B, 121 and 121A of the Indian Penal Code, 1860 (IPC) and Sections 13, 16, 17, 18, 20, 38, 39 and 40 of the Unlawful Activities (Prevention) Act, 1967 and the investigation, thus, ensued. 6. The Prosecution alleges that the investigation uncovered that apart from these terrorist organizations, a political conglomerate of ![]( …
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… Act") the appellant impugns order dated 20.03.2021 made by the learned Additional Sessions Judge, Patiala House Courts, New Delhi ("ASJ") rejecting his bail application in the above referred FIRs inter alia registered under sections 120B, 121, 121A, 122 and 123 of the Indian Penal Code, 1860 ("IPC"), sections 4 and 5 of the Explosive Substances Act, 1908 and sections 16, 18 and 23 of the Unlawful Activities (Prevention) Act, 1967 ("UAPA"). - 3. The appellant has filed written submissions dated 22.07.2021 as also a short summary of arguments dated 05.08.2021; …
Questions about Section 121A
What have the courts held on Section 121A of the Indian Penal Code?
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: 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.
How do I find court cases under Section 121A of the Indian Penal Code?
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: IPC 121A, section 121A IPC, section 121A of the Indian Penal Code. 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 121A of the Indian Penal Code, and has it changed?
Its own text turns on section 121 (Waging, or attempting to wage war, or abetting waging of war, against the Government of India), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it. For anything done on or after 1 July 2024 the provision to read is BNS 148 (Conspiracy to commit offences punishable by section 147), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 121A of the Indian Penal Code come into force?
Section 121A of the Indian Penal Code, cited as IPC 121A, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
- 499. Defamation1512 words
- 464. Making a false document1223 words
- 300. Murder1172 words
- 378. Theft980 words
- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 words
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. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.