BNS Section 147: Waging, or Attempting to Wage War, Or Abetting Waging Of War, Against Government of India
Section 147 of BNS is part of Chapter 7 - Offences against the state in Bharatiya Nyaya Sanhita Act, 2023. It deals with the serious offense of waging, attempting to wage, or abetting the waging of war against the Government of India. This provision is designed to protect the sovereignty, security, and integrity of the nation by criminalising acts that threaten the stability of the state.
Definition of BNS Section 147
Section 147 of the BNS 2023 States:
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.
Illustration.
A joins an insurrection against the Government of India. A has committed the offence defined in this section.
Explanation and Illustration of BNS Section 147
Section 147 of the Bharatiya Nyaya Sanhita 2023 deals with those persons who wage, attempt to wage or abet others to wage war against the state. The punishment which the person would have to undergo is extreme- either death or life imprisonment along with additional fine.
Explanation and Illustration of Section 147 Bharatiya Nyaya Sanhita, 2023
Section 147 of the Act criminalises any act of violence or rebellion against the Indian government. It includes actions like directly fighting or attempting to fight against the state, or aiding others in organising or carrying out such acts. The law reflects the gravity of such offenses because waging war against the government is considered one of the most serious threats to national security.
Illustration:
Say a group of individuals planning and executing a revolution against the Indian government by resorting to armed revolution. An individual involved in such activity could be convicted under Section 147 based on whether it was their organisational, financially involving or participating role in the same. In that case, they may even face capital punishment or life imprisonment along with a fine. This law is meant to protect the integrity and security of the nation by punishing anyone involved in anti-government insurrection.
Key Points in Section 147
Section 147 is aimed at protecting the sovereignty and integrity of India by criminalising acts that pose a threat to the government through violent or militaristic means. It penalises people who engage in or aid such activities to reinforce national security and the rule of law. The section gives severe punishments, such as imprisonment, to deter acts of rebellion and treason, thereby safeguarding the nation from internal and external threats.
- 'Waging war' means any organised violent uprising, attack, or armed resistance against the Government of India. It shall include apparent actions such as launching military operations or large-scale armed uprisings
- Any planning or preparing to commit 'waging war' or indeed taking any actions that tend towards the initiation of hostilities with the state without having waged the said war
- 'Abetting' is the act of aiding, assisting or inciting others to wage war against the Government of India. It includes provision of resources, strategic assistance or inciting violent action
- The punishments are very severe, like death sentence, or life imprisonment, and a fine which may be awarded along with any of the above punishments.
Differences Between Section 147 of BNS and its Equivalent IPC Section
This section outlines the key differences between Section 147 of BNS and its equivalent IPC section 121 focusing on their distinct approaches to definitions, interpretations and legal principles within the framework of criminal law.
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 147 | Waging, or attempting to wage war. or abetting waging of war, against the Government of India. | 121 | No change. |
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FAQs about Section 147 of the Bharatiya Nyaya Sanhita (BNS)
Who can be charged under Section 147?
Anyone participating in, promoting, or inciting a riot can be charged under Section 147. Even if an individual’s role is limited to supporting the riot or encouraging violence, they may still face charges under this section.
What is the punishment for rioting under Section 147?
The punishment for rioting under Section 147 is imprisonment for up to two years, or a fine, or both. The severity of the punishment may depend on factors such as the scale of the violence and whether any injuries or damages occurred during the riot.
Is the use of weapons considered a riot under Section 147?
Yes, the use of weapons or any violent means in an unlawful assembly constitutes a riot under Section 147. If weapons such as guns, knives, or sticks are used, the offense becomes more serious, and the perpetrators may face harsher punishment.
Can a person be charged for merely being present at a riot?
Yes, an individual can be charged under Section 147 for simply being present at a riot if their presence contributes to the disturbance or if they fail to disperse when ordered. However, it depends on the person’s role and actions during the riot.
Does Section 147 apply to peaceful protests?
No, Section 147 does not apply to peaceful protests. The section targets acts of violence and force. Peaceful demonstrations that do not result in harm to individuals or property are not considered riots under this section, though they may still face other legal scrutiny.
What is the difference between rioting and unlawful assembly?
Unlawful assembly refers to a group of people gathered with the intent to cause violence or disrupt public order. Rioting, on the other hand, occurs when the group uses violence. Section 147 specifically criminalises the violent aspect of an unlawful assembly.
Can Section 147 be applied to political unrest?
Yes, Section 147 can apply to political unrest if the situation escalates into violence. If individuals or groups engage in force or violence during a protest or political unrest, they can be charged with rioting under this section.
