Bharatiya Nyaya Sanhita, 2023
BNS Section 153
Waging war against Government of any foreign State at peace with Government of India
In one line
BNS Section 153 deals with waging war against government of any foreign state at peace with government of india and replaces IPC 125.
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 153 | Waging war against Government of any foreign State at peace with the Government of India. | Imprisonment for life and fine, or imprisonment for 7 years and fine, or fine. | Cognizable. | Non-bailable. | Court of Session. |
Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.
Bare act text — BNS 153
153. Waging war against Government of any foreign State at peace with Government of India.
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.
What changed from the IPC
- IPC 125 → BNS 153: Words "any Asiatic power in alliance" are replaced by "Government of any foreign State at peace".
Frequently asked
What was BNS Section 153 in the IPC?
BNS Section 153 (Waging war against Government of any foreign State at peace with Government of India) replaces Section 125 of the Indian Penal Code, 1860. IPC 125 is now BNS 153.
What is the punishment under BNS 153?
Waging war against Government of any foreign State at peace with the Government of India – punishable 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. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by court of Session.
Is BNS 153 bailable?
Non-bailable: BNS 153. Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.
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Nearby BNS sections
- BNS 148 — Conspiracy to commit offences punishable by section 147
- BNS 149 — Collecting arms, etc., with intention of waging war against Government of India
- BNS 150 — Concealing with intent to facilitate design to wage war
- BNS 151 — Assaulting President, Governor, etc., with intent to compel or restrain exercise of any lawful power
- BNS 152 — Act endangering sovereignty, unity and integrity of India
- BNS 154 — Committing depredation on territories of foreign State at peace with Government of India
- BNS 155 — Receiving property taken by war or depredation mentioned in sections 153 and 154
- BNS 156 — Public servant voluntarily allowing prisoner of State or war to escape
- BNS 157 — Public servant negligently suffering such prisoner to escape
- BNS 158 — Aiding escape of, rescuing or harbouring such prisoner