BNS Section 148 – Conspiracy to commit offences punishable by section 145

IPC Section – 121A

Cognizable offence
punishable with imprisonment for life, or
imprisonment for ten years and with fine

Whoever within or without and beyond India conspires to commit any of the offences punishable by section 145, 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.

Conspiracy to Commit Offences Punishable by Section 145 (BNS-148)

1. What is the Offence?

This law criminalizes conspiracy to commit offences punishable under Section 145 (habitual dealing in slaves) or to overawe the government using criminal force.

• Conspiracy: An agreement between two or more persons to commit an unlawful act.
• Offences under Section 145: Includes human trafficking and related offences.
• Overawing Government: Refers to attempts to intimidate or undermine the Central or State Government using criminal force or threats.

2. Key Elements of the Offence

• Conspiracy: Planning or agreeing to commit offences under Section 145 or to overawe the government.
• Scope: The conspiracy can occur within or outside India.
• Overawing Government: Acts designed to intimidate or undermine the authority or safety of the government.

3. Punishment

• Imprisonment for life, or
• Imprisonment for up to 10 years, and
• Fine.

4. Type of Offence

• Cognizable: Police can arrest without a warrant.
• Non-bailable: The accused cannot claim bail as a right.
• Court: The case will be tried by the Court of Session.

5. Purpose of the Law

• The law aims to deter and punish conspiracies involving human trafficking and acts that threaten the authority or safety of the government.
• It ensures strict penalties for those involved in planning or agreeing to commit such serious offences.

Summary of the Offence