Offences Against the State - BNS Summary

Offences Against the State (Chapter VII, BNS)

• Deals with offences against the State, comprising sections 147 to 158.
• Classified into 5 categories:
  • Waging, collecting, or conspiring to wage war against the Government of India (Sec. 147, 148, 149, 150).
  • Assaulting the President or Governor to compel or restrain lawful authority (Sec. 151).
  • Waging war against a foreign state at peace with India (Sec. 153).
  • Committing depredation on territories of a foreign state at peace with India (Sec. 154).
  • Aiding the escape of a state prisoner or prisoner of war (Sec. 156, 157, 158).

Section 147 BNS: Waging War Against the Government of India

• Definition: Waging or attempting to wage war, or abetting the waging of war against the Government of India.
• Punishment: Death or imprisonment for life, and liable to fine.
• Ingredients:
  • Accused must wage war, attempt to wage war, or abet the waging of war.
  • Action must be against the Government of India (includes Central and State Govt per Sec. 2(12) of B.N.S.).

Key Points on Waging War (Section 147 BNS)

• Applicability: Applies to everyone, Indian citizens or foreigners.
• Complicity: Includes the act of waging war, attempting to wage war, and abetting the waging of war.
• Punishment: Severe, including death sentence or life imprisonment, and fine.
• Criteria: Focus is on the intent to attain an object of a general public nature by force and violence against government authority.
• Liability: No distinction between principal and accessory.

Distinction Between Waging War and Rioting

Section 148 BNS: Conspiracy to Commit Offences Punishable by Sec. 147

• Definition: Conspiring to commit offences punishable by section 147 (waging war) or to overawe by criminal force the Central or any State Government.
• Punishment: Imprisonment up to ten years and fine.
• Based on English law: Treason Felony Act of 1948.
• Two types of conspiracy:
  • To wage war against the Government of India.
  • To overawe by force the Central or State Government.
• Agreement sufficient: Agreement of two or more persons to wage war is sufficient for liability.
• Proof Required: Accused entered into a conspiracy to commit an offense under section 147, or to overawe by criminal force the central Govt. or state Govt.

Section 149 BNS: Collecting Arms etc., with Intention of Waging War

• Definition: Collecting men, arms, or ammunition, or preparing to wage war with the intention of waging war against the Government of India.
• Punishment: Imprisonment for life or up to 10 years, and fine.

Section 150 BNS: Concealing with Intent to Facilitate Design to Wage War

• Definition: Concealing the existence of a design to wage war against the Government of India with the intent to facilitate such war.
• Punishment: Imprisonment up to ten years, and fine.
• Conditions for Liability:
  • Design to wage war against the Government of India.
  • Accused's knowledge of such design.
  • Accused's concealment of the design.
  • Accused's intent to facilitate the waging of war through concealment.

Section 151 BNS: Assaulting President, Governor etc., with Intent to Compel or Restrain

• Definition: Assaulting or wrongfully restraining the President of India or Governor of any state to compel or restrain their lawful powers.
• Punishment: Imprisonment up to seven years, and fine.
• Rationale: Protection for high executive officers while discharging legal duties.
• Protection is not absolute: Extends only to official functions.

Section 152 BNS: Act Endangering Sovereignty, Unity and Integrity of India

• Definition: Exciting or attempting to excite secession, armed rebellion, or subversive activities; encouraging separatist feelings; endangering sovereignty, unity, and integrity of India.
• Punishment: Imprisonment for life or up to seven years, and fine.
• Explanation: Comments expressing disapprobation of government measures to obtain their alteration by lawful means don't constitute an offense.
• Comments: Based on section 124A of the Indian Penal Code, 1860.

Section 153 BNS: Waging War Against Government of any Foreign State at Peace with India

• Definition: Waging war against the government of any foreign state at peace with the Government of India, attempting to wage such war, or abetting the waging of such war
• Punishment: Imprisonment for life, fine may be added, or imprisonment of either description for up to seven years, fine may be added, or with fine.

Section 154 BNS: Committing Depredation on Territories of Foreign State at Peace with Government of India

• Definition: Committing depredation, or makes preparations to commit depredation, on the territories of any foreign State at peace with the Government of India
• Punishment: Imprisonment of either description for up to seven years, and liable to fine and forfeiture of any property used in committing depredation, or acquired by such depredation.

Section 155 BNS: Receiving Property Taken by War or Depredation Mentioned in Sections 153 and 154

• Definition: Receiving any property knowing the same to have been taken in the commission of any of the offenses mentioned in sections 153 and 154
• Punishment: Imprisonment of either description for up to seven years, and liable to fine and forfeiture of the property so received.

Sections 156, 157, 158 BNS: Related to Escape of State Prisoner or Prisoner of War

• Sec. 156: Public servant voluntarily allowing prisoner of State or war to escape (Imprisonment for life, or imprisonment of either description for up to ten years, and fine).
• Sec. 157: Public servant negligently suffering such prisoner to escape (Simple imprisonment for up to three years, and fine).
• Sec. 158: Aiding escape of, rescuing or harbouring such prisoner (Punishment not specified in this excerpt).