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BNS Section 148

Conspiracy to commit offences punishable by section 145

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.


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BNS-148: Conspiracy to commit offences punishable by Section 145

Key Points
 

  1. Conspiracy:
     

    • Conspiracy refers to an agreement between two or more persons to commit an unlawful act. Under BNS-148, the conspiracy involves planning or agreeing to commit offenses specified under Section 145 or to intimidate the government using criminal force.
       

  2. Offences under Section 145:
     

    • Section 145 deals with habitual dealing in slaves, meaning BNS-148 covers conspiracies that involve human trafficking and related offenses punishable under Section 145.
       

  3. Conspiracy Beyond India:
     

    • This section explicitly states that even if the conspiracy takes place outside of India, the law will still apply. The conspiracy can be within or outside Indian territory.
       

  4. Overawing Government by Criminal Force:
     

    • This part refers to any attempt to overawe or intimidate the Central or State Government using criminal force or threats. It emphasizes acts designed to undermine the authority or safety of the government.
       

  5. Punishment:
     

    • The punishment for conspiracy under this section can range from imprisonment for life to imprisonment up to ten years, depending on the severity. A fine may also be imposed in addition to the prison sentence.


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.


By what Court triable : Court of Session.




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