BNS Section 153: Waging War Against Government of any Foreign State at Peace with the Government of India
Section 153 of BNS is part of Chapter 7 - Offences against the state in Bharatiya Nyaya Sanhita Act, 2023. It addresses the grave offense of waging war against the government of any foreign state that is at peace with the Government of India. This provision seeks to prevent individuals from engaging in hostile activities that could jeopardise India's diplomatic relations and international peace.
Definition of BNS Section 153
Section 153 of the BNS 2023 States:
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.
Explanation and Illustration of BNS Section 153
BNS Section 153 criminalises any acts of war or attempts to wage war against the Government of a foreign State that is at peace with India. It also criminalises the abetment (encouragement or facilitation) of such acts of war. This section is aimed at preventing individuals or groups from engaging in hostile actions against foreign states, especially those that have peaceful diplomatic relations with India.
Illustration 1: Waging war against a foreign nation
A group of militants, displeased with the policy of a friendly foreign nation that is at peace with India, wants to start an armed attack against that foreign nation. They plan various raids and military operations geared toward destabilising the foreign nation.
Legal Consequence: The ones who actually waged war against the foreign state shall be charged under Section 153. If they are convicted, they may have to face a life imprisonment sentence or seven years imprisonment along with a fine.
Illustration 2: Attempt to Wage War
A group of people or a political party within India sets out plans to commit war against a foreign state with which it has a friendly relationship. They gather arms and device plans for the attacks and are caught off guard by Indian authorities before it is too late.
Legal Consequence: The offenders who attempt to wage war shall be tried under Section 153. They would be liable to imprisonment for up to seven years and a fine.
Illustration 3: Abetting the Waging of War
An arms dealer finances and equips with military hardware a group that is planning to declare war on a peaceful foreign nation. The arms dealer knows what the group plans to do, but he or she enables the group to launch the attack by providing them with the necessary means.
Legal Consequence: The arms dealer would be convicted for abetting the waging of war under Section 153. They may receive a term of life imprisonment or seven years and be subject to a fine.
Key Points in Section 153
Section 153 stresses the importance of maintaining peaceful coexistence and respecting international agreements. The law prescribes strict penalties, including imprisonment, to deter such offenses, reinforcing India's commitment to international stability, lawful conduct, and diplomatic integrity. The law outlines:
- Engaging in or inciting warlike operations against a foreign country that is at peace with India
- Even if the attempt to wage war is not successful, it is still an offense
- Aiding or abetting others to wage war against a foreign country that is at peace with India is punishable
- The law covers countries that are at peace with India, and there is no hostility
- Life imprisonment or up to 7 years imprisonment and a fine may be imposed
- The law protects India's diplomatic relations from hostile actions against peaceful foreign countries.
Differences Between Section 153 of BNS and its Equivalent IPC Section
This section outlines the key differences between Section 153 of BNS and its equivalent IPC section 125 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 |
|---|---|---|---|
| 153 | Waging war against Government of any Foreign State at peace with Government of India. | 125 | Words 'any Asiatic power in alliance' are replaced by 'Government of any foreign State at peace'. |
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FAQs about Section 153 of the Bharatiya Nyaya Sanhita (BNS)
What are the punishments under Section 153?
Violations of Section 153 attract imprisonment of up to 7 years, a fine, or both. The seriousness of the sentence is determined by the nature of the offense; more serious crimes, such as large-scale harm to the public, attract stricter sentences.
What actions are considered as 'abetting the waging of war' under Section 153?
Under Section 153, abetting the waging of war includes any actions that assist, incite, or encourage others to wage war against a peaceful foreign state. This can involve providing financial support, military resources, or intelligence to groups or individuals planning to carry out hostile actions, even if the war is not actually initiated.
What is the basis for protection given by Section 153 to public harmony?
Section 153 preserves public peace and harmony by prohibiting activities that call for hatred of one community from another. Speech or conduct in the form of words, which may lead to violence, encourages tolerance and respect between different societal entities.
Does Section 153 apply if the war is not successfully initiated?
Yes, Section 153 applies even if the war is not successfully initiated. Attempting to wage war against a peaceful foreign state is itself a punishable offense under this section. Whether or not the war takes place is irrelevant; it is the intent and actions to wage war that are criminalised.
Can a person be punished for planning a war under Section 153?
Yes, Section 153 criminalises not just the act of waging war, but also attempting to wage war or planning to do so. If a person is involved in the preparatory stages of waging war, including organising, financing, or strategising for such actions, they can be charged under this section and face penalties accordingly.
