IPC 121A → BNS 148: Conspiracy to Wage War

Quick Summary: IPC 121A vs BNS 148

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 121A (Conspiracy to Wage War) sits among the IPC's offences against the State and the armed forces — the group the Bharatiya Nyaya Sanhita redrew more heavily than almost any other. Renumbered as BNS 148, the conduct is recast around the sovereignty, unity and integrity of India, with the colonial sedition offence replaced by a distinct provision targeting acts that endanger the nation, so conspiracy to wage war must now be read through the new framework rather than the repealed IPC 121A.

What did IPC 121A cover?

IPC 121A dealt with conspiracy to wage war — conspiracy to commit offences punishable by section 121. Until 30 June 2024, every FIR and criminal trial for this offence was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 148: What changed in the new law?

No major change. From 1 July 2024, new complaints relating to conspiracy to wage war are filed under BNS Section 148, while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 148

Same - Life or up to 10 years

Practical implications for advocates, police & citizens

• Advocates: Charges for conspiracy to wage war in this group are grave, typically non-bailable Sessions matters — confirm the required prior sanction and frame them under BNS 148 rather than the repealed IPC 121A.
• Police officers: Route a conspiracy to wage war investigation through the prescribed sanctioning authority and cite BNS 148 in the FIR; procedure follows the BNSS.
• Law students & citizens: Because conspiracy to wage war in this group carries severe punishment, never rely on the old IPC 121A number when checking your position under the new law.