BNS Section 147 – Waging, or attempting to wage war, or abetting waging of war, against the Government of India

IPC Section – 121

Cognizable offence
punishable with death, imprisonment for life and fine

Whoever wages war against the Government of India, or attempts to wage such war, or abets the waging of such war, shall be punished with death, or imprisonment for life and shall also be liable to fine.

Illustrations

A joins an insurrection against the Government of India. A has committed the offence defined in this section.

Waging, Attempting to Wage, or Abetting War Against the Government of India (BNS-147)

1. What is the Offence?

This law criminalizes:

• Waging war: Organized violent rebellion, attack, or armed resistance against the Government of India.
• Attempting to wage war: Preparations, planning, or concrete steps towards initiating a conflict against the state, even if the actual war has not begun.
• Abetting the waging of war: Aiding, supporting, or encouraging others to wage war against the Government of India, such as providing resources, strategic assistance, or inciting violence.

2. Key Elements of the Offence

• Waging War: Includes overt actions like military attacks or large-scale armed revolts.
• Attempting to Wage War: Involves preparations or planning for such actions.
• Abetting: Refers to supporting or encouraging others to wage war.

3. Punishment

• Death penalty, or
• Imprisonment for life, 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 protect the sovereignty and integrity of India by criminalizing acts that threaten the government through violent or militaristic means.
• It reflects the gravity of such offences by imposing the most severe penalties.

Summary of the Offence