The Bharatiya Nyaya Sanhita (BNS) 2023 is India’s new criminal code, replacing the Indian Penal Code (IPC). It modernizes laws to address contemporary crimes. BNS Section 148: Conspiracy to commit a punishable offence is a crucial provision aimed at preventing threats to national security.
What is BNS Section 148 Conspiracy to commit a punishable offence?
BNS Section 148 states:
Whoever conspires, within or outside India, to commit offenses punishable under Section 147 (related to waging war against the government), or tries to intimidate the central or state government using criminal force, shall be punished.
The punishment includes:
- Imprisonment for life, or
- Imprisonment up to ten years, and
- A fine
Key Elements of BNS Section 148
- Conspiracy – Even if no action is taken, the planning itself is a criminal act.
- Intent to commit a punishable offence – Direct involvement is not required; mere participation in planning is enough.
- Use of criminal force – Any act or threat to overpower the government falls under this provision.
- Global reach – This section applies to conspiracies even if planned outside India.
Importance of BNS Section 148 Conspiracy to commit a punishable offence
- Prevention over punishment – This law enables authorities to take action before a crime occurs.
- Covers global threats – Both Indian and foreign nationals involved in a conspiracy against India are liable.
- Enhances national security – It is stricter than previous laws to curb acts of terrorism and violence.
Case Laws Related to BNS Section 148 Conspiracy to commit a punishable offence
Several case laws help us understand how courts interpret conspiracy to commit a punishable offence.
State vs. Mohd. Afzal (2003)
- The Parliament attack case was a landmark trial regarding conspiracy against the government.
- The court ruled that even indirect involvement in planning a terror attack is enough for conviction.
- This case strengthened legal provisions against conspiracies.
R v. Kehar Singh (1988)
- This case involved the assassination of Prime Minister Indira Gandhi.
- The court emphasized that those who aid or encourage a crime can be convicted of conspiracy.
- It clarified that active participation is not necessary for punishment.
State vs. Navjot Sandhu (2005)
- Also known as the Parliament Attack Case (2001), it dealt with terrorism and conspiracy.
- The court established that circumstantial evidence and communications could prove conspiracy.
- It reinforced that conspiracy itself is a serious offence, even if no crime is ultimately committed.
Difference Between IPC and BNS Provisions
| Feature | IPC 121A | BNS Section 148 |
|---|---|---|
| Conspiracy to commit a punishable offence | Covered | Covered (broader scope) |
| Global jurisdiction | Limited | Explicitly included |
| Punishment | Life imprisonment or 10 years + fine | Life imprisonment or 10 years + fine |
| Preventive scope | Less detailed | More structured and defined |
Short Note on BNS Section 148
- Deals with conspiracy to commit a punishable offence against the government.
- Includes threats, force, and attempts to overthrow the government.
- Applies to Indian and foreign nationals, even if the act is committed abroad.
- Punishment includes life imprisonment, imprisonment up to 10 years, and a fine.
Legal Disclaimer
This article is for educational purposes only. It does not provide legal advice. Laws may change, and court interpretations may vary. Consult a qualified lawyer for specific legal concerns.
Conclusion
BNS Section 148: Conspiracy to commit a punishable offence strengthens India’s legal framework against threats to national security. It ensures that conspiracies, even at the planning stage, are punishable. With past judgments guiding its interpretation, this law acts as a strong deterrent. Understanding this provision helps citizens stay informed about legal changes and their impact.
Alt Tags: BNS Section 148, Conspiracy law in India, Bharatiya Nyaya Sanhita 2023, Indian criminal law
