● Retained in BNS
Conspiring, within or outside India, to wage war against the Government under Section 121, or to overawe the Central or a State Government by criminal force, carries life imprisonment or up to 10 years plus fine under BNS Section 148, unchanged from IPC 121A. No overt act is required to complete the offence.
Section 121A IPC punished conspiring, within or outside India, to commit an offence punishable under Section 121, or conspiring to overawe the Central or any State Government by criminal force or a show of it, with imprisonment for life or up to 10 years, and fine. An Explanation clarified that no act or illegal omission need actually take place in pursuance of the conspiracy for the offence to be complete.
BNS Section 148 reproduces the offence and Explanation essentially verbatim, adding the redundant word "beyond" ("within or without and beyond India") without altering scope, since "within or without India" already covered all territory.
Nothing substantive -- a pure renumbering from IPC 121A to BNS 148 with a redundant wording addition.
Imprisonment for life, or imprisonment of either description up to 10 years, and fine..
IPC 121A is non-bailable..
This is a cognizable. offence.
Non-compoundable..
Matters under IPC 121A are tried before the Court of Session..
Common defences include absence of an actual agreement or meeting of minds to wage war or overawe government, and that the accused withdrew from the conspiracy before any act in furtherance of it.
Summaries are for general information and are not legal advice. For the authoritative bare-act text, see the official Bharatiya Nyaya Sanhita, 2023 and Indian Penal Code, 1860 (full amended text, as it stood before repeal) on India Code, or the Ministry of Home Affairs' new criminal laws page. ← All comparisons