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.
Simplified Explanation
Section 148 of the Bharatiya Nyaya Sanhita, 2023 specifically deals with conspiracy to commit offenses that are punishable under Section 147, which pertains to waging war against the Government of India, or acts of rebellion and insurrection. The section criminalizes the act of conspiracy, whether within India or beyond its borders, aimed at committing such grave offenses or at attempting to use criminal force to overawe the government.
Key Provisions of Section 148
- Conspiracy to Commit Offenses under Section 147:
- This section makes it a crime for anyone to conspire (i.e., plan or agree with others) to commit the serious offenses described in Section 147, such as waging war against the Government of India or attempting to do so.
- The conspiracy can occur both within India or outside the country, meaning that even individuals or groups involved in plotting these offenses from abroad can be prosecuted under this section.
- Conspiracy to Overawe the Government by Criminal Force:
- In addition to plotting acts of war, this section also covers conspiracies to overawe the Central or State Government by criminal force or the threat of criminal force. This refers to attempts to intimidate or coerce the government through violence or threats of violence.
- The use of “criminal force” or “the show of criminal force” refers to threats or actions that aim to undermine the authority of the government or disrupt governance.
- Punishment for Conspiracy:
- Imprisonment for Life: The primary punishment for conspiracy under this section is life imprisonment.
- Imprisonment for up to 10 Years: In some cases, the term of imprisonment can be extended up to ten years.
- Fine: The individual or group convicted under this section will also be liable to a fine.
- No Need for Actual Act to Occur:
- Explanation: The section clarifies that for a conspiracy to be punishable, it is not necessary for any act or illegal omission to take place. The mere agreement or plan to commit the offense, even if it does not lead to any direct action, is enough to attract punishment under this section.
- This principle aligns with general conspiracy laws, where the intention and agreement to commit an offense are considered criminal, even if the crime itself is never executed.
Illustration
- Example:
- If A, B, and C agree to launch an insurrection against the Government of India, or to use criminal force to intimidate a state government, they are committing a conspiracy under this section, regardless of whether they actually carry out their plan.
Purpose of the Law
- Preventing Rebellions and Insurrections:
- Section 148 aims to deter individuals or groups from engaging in conspiracies to destabilize the government or attempt rebellion, even before any overt actions are taken.
- The law targets the planning stage of rebellion, recognizing that even without direct actions, the very intention to disrupt governance or wage war is a threat to national security.
- National Security:
- The law underscores the seriousness of acts of rebellion and terrorism against the state. By making conspiracy a punishable offense, it helps prevent individuals or groups from engaging in such illegal activities from the planning stage, safeguarding the sovereignty and stability of the government.
- Deterring Coercion and Intimidation:
- The section specifically criminalizes conspiracy to overawe the government using criminal force. This provision addresses coercion attempts, ensuring that individuals or groups cannot plot to use violence or threats of violence to influence government actions.
Summary
Section 148 of the Bharatiya Nyaya Sanhita, 2023 addresses the crime of conspiracy to commit acts punishable under Section 147, which includes waging war against the Government of India or attempting to overthrow the government through insurrection or force. This section criminalizes conspiracies that can occur both within and outside India and provides for life imprisonment, up to 10 years imprisonment, and fines for those found guilty. The law also clarifies that a conspiracy does not need to result in any actual illegal act to be punishable. Its primary purpose is to prevent the planning of rebellion and intimidation against the government, ensuring national security and public order.
