Bharatiya Nyaya Sanhita 2023
Section 148 :
Conspiracy to commit offences punishable by section 147 :
(See section 121A of IPC 1860)
Section : 148
Classification of Offence:
Offence : Conspiring to commit certain offences against the State.
Punishment : Imprisonment for life, or imprisonment for 10 years and fine.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Court of Session.
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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.
Indian Penal Code 1860 (IPC 1860)
Section 121A :
1.[Conspiracy to commit offences punishable by section 121:
(See section 148 of BNS 2023)
Classification of Offence:
Offence: Conspiring to commit certain offences against the State.
Punishment : Imprisonment for life, or imprisonment for 10 years and fine.
Cognizable or Non-cognizable :Cognizable
Bailable or Non-bailable :Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Court of Session
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Whoever within or without 2.[India] conspires to commit any of the offences punishable by Section 121, 3.[***] or conspires to overawe, by means of criminal force or the show of criminal force, 4.[the Central Government or any 5.[State] Government 6.[***], shall be punished with 7.[imprisonment for life], or with imprisonment of either description which may extend to ten years, 8.[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.]
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1. Ins. by Act 27 of 1870, s. 4.
2. The words “British India” have successively been subs. by the A. O. 1948, the A. O. 1950 and Act 3 of 1951, s. 3 and the Sch., to read as above.
3. The words “or to deprive the Queen of the sovereignty of the Provinces or of any part thereof” omitted by the A. O. 1950.
4. Subs. by the A. O. 1937, for “the G. of I, or any l. G”.
5. Subs. by the A. O. 1950, for “Provincial”.
6. The words “or the Government of Burma” omitted by the A. O. 1948.
7. Subs. by Act 26 of 1955, s. 117 and the Sch., “for transportation for life or any shorter term” (w.e.f. 1-1-1956).
8. Ins. by Act 16 of 1921, s. 3.