BNS Section 153 – Waging war against Government of any foreign State at peace with the Government of India

IPC Section – 125

Cognizable offence
punishable with imprisonment for life to which
fine may be added or with imprisonment of either
description for a term which may extend to seven years
to which fine may be added or with fine.

Whoever wages war against the Government of any foreign State at peace with the Government of India or attempts to wage such war, or abets the waging of such war, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment of either description for a term which may extend to seven years, to which fine may be added, or with fine.

Waging War Against Government of Any Foreign State at Peace with India (BNS-153)

1. What is the Offence?

This law criminalizes:

• Waging war: Engaging in or initiating warlike actions against a foreign government that is at peace with India.
• Attempting to wage war: Even an unsuccessful attempt to wage war falls under this section.
• Abetting war: Supporting or aiding others in waging war against such a foreign government.

2. Key Elements of the Offence

• Foreign States at Peace: The law applies to foreign states that are at peace with India, meaning there are no declared hostilities between India and the foreign state.
• Scope: The offence covers direct participation, attempts, and abetment of war against such foreign states.

3. Punishment

• Imprisonment for life, and
• Fine, or
• Imprisonment for up to 7 years, and
• Fine, or
• Fine alone.

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 prevent individuals or groups within India from engaging in or supporting hostile actions against friendly foreign governments.
• It safeguards India’s diplomatic relations and ensures the country’s commitment to maintaining peace with foreign states.

Summary of the Offence