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.
Simplified Explanation
Section 147 of the Bharatiya Nyaya Sanhita, 2023 deals with the serious offense of waging war against the Government of India. It criminalizes acts of rebellion or insurrection against the state and sets out severe penalties for those involved in waging war, attempting to wage war, or abetting others to do so.
Key Provisions of Section 147
- Waging War:
- The primary offense under this section is waging war against the Government of India. This can refer to armed conflict, insurrection, or any organized effort to overthrow or attack the government.
- Attempting to Wage War:
- Attempting to wage war refers to any preparatory acts or efforts made to engage in war against the government, even if the war has not yet been declared or fully carried out. This includes activities like organizing a rebellion or preparing resources for armed conflict.
- Abetting the Waging of War:
- The section also criminalizes abetting the waging of war. Abetment refers to encouraging, assisting, or facilitating others to engage in activities aimed at overthrowing the government or engaging in armed conflict. It covers both direct and indirect involvement.
- Punishment:
- Death: The punishment for waging or attempting to wage war, or abetting it, can be death, which is the most severe penalty available under the law.
- Life Imprisonment: Alternatively, the offender may be sentenced to imprisonment for life.
- Fine: The person convicted of this offense is also liable to a fine in addition to imprisonment or death.
Illustration
- Example:
- A joins an insurrection against the Government of India. By participating in or supporting an armed rebellion or attempt to overthrow the government, A commits the offense of waging war as defined under this section.
Purpose of the Law
- National Security: Section 147 aims to protect the sovereignty and integrity of the nation. By criminalizing acts of war against the state, it serves to deter individuals or groups from attempting to harm or overthrow the government through violence or rebellion.
- Deterrent for Rebellion: The severe punishment, including the possibility of death, is intended to act as a strong deterrent against attempts to engage in or support armed conflict against the government.
- Prevention of Insurrection: This section targets both those who directly engage in war and those who assist or encourage such acts. By addressing abetment, it ensures that not only the primary participants but also those who support such actions are held accountable.
Summary
Section 147 of the Bharatiya Nyaya Sanhita, 2023 is a stringent provision aimed at criminalizing acts of war against the Government of India. It covers waging war, attempting to wage war, and abetting war. The penalties for violating this section are severe, including death, life imprisonment, and fines. The law underscores the seriousness of engaging in or supporting rebellion against the state, with a strong focus on maintaining national security and sovereignty.
