BNS Section 150 – Concealing with intent to facilitate design to wage war

IPC Section – 123

Cognizable offence
punishable with imprisonment of either description for
a term not exceeding ten years and with fine.

Whoever by any act, or by any illegal omission, conceals the existence of a design to wage war against the Government of India, intending by such concealment to facilitate, or knowing it to be likely that such concealment will facilitate, the waging of such war, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Concealing with Intent to Facilitate Design to Wage War (BNS-150)

1. What is the Offence?

This law criminalizes the act of concealing a design to wage war against the Government of India with the intent to facilitate such a design.

• Concealment: Includes any action or illegal omission that hides the existence of a plan to wage war.
• Design to Wage War: Refers to any organized plot or conspiracy aimed at using violence or armed conflict against the government.

2. Key Elements of the Offence

• Act or Illegal Omission:
  • Act: Any action that hides the existence of a plan to wage war.
  • Illegal Omission: Failure to report or reveal information about the plan when there is a legal duty to do so.
• Intent or Knowledge:
  The offence is committed if the person:
  1. Intends to aid the waging of war, or
  2. Knows that their concealment could likely facilitate such acts.

3. Punishment

• Imprisonment: Up to 10 years, 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 deter and punish individuals who conceal plans to wage war against the government.
• It ensures strict penalties for those who, through action or omission, facilitate such designs.

Summary of the Offence