Whoever by any act, or by any illegal omission, conceals the existence of a design to wage war against the Government of India, intending by such concealment to facilitate, or knowing it to be likely that such concealment will facilitate, the waging of such war, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Simplified Explanation
Section 150 of the Bharatiya Nyaya Sanhita, 2023 criminalizes the concealment of information or acts of omission that facilitate a design or plan to wage war against the Government of India. This section focuses on the concealment of information related to potential insurrections or plans for armed conflict, specifically with the intention of aiding or allowing such plans to proceed without detection or interference from authorities.
Key Provisions of Section 150
- Concealing a Design to Wage War:
- The section applies to anyone who, by their act or by failing to act (i.e., illegal omission), conceals the existence of a design or plan to wage war against the Government of India.
- The offense occurs if the individual intends to facilitate the waging of war by concealing the plan, or if they know that their actions are likely to assist in the successful execution of the plan.
- Facilitating War:
- The purpose of the concealment is to facilitate the waging of war. This means that any act of hiding or failing to report information that could prevent or expose such a war plan could be punishable if it serves the purpose of aiding the insurgents or aggressors in carrying out their objectives.
- Punishment:
- Imprisonment: The punishment for this offense is imprisonment for a term that may extend to 10 years. This could be either rigorous (hard labor) or simple imprisonment, depending on the circumstances of the case.
- Fine: In addition to imprisonment, the person convicted under this section may also be liable to a fine.
Illustrations of the Offense
- Example 1:
- A becomes aware of a group planning to wage war against the government. Instead of reporting the plot, A takes steps to conceal or cover up the existence of this design, knowing that such actions will help the conspirators move forward with their plans. In this case, A could be convicted under Section 150 for facilitating the war.
- Example 2:
- B works within a government department and has access to information about an insurrection that is being planned against the government. Instead of revealing this information to authorities, B intentionally omits to report it, knowing this omission will allow the attackers to execute their plans. B could be charged under Section 150.
Purpose of the Law
- Preventing Facilitation of War:
- Section 150 seeks to deter individuals from assisting or enabling conspirators by hiding information related to plans of rebellion, insurrection, or war against the government. The law recognizes that even indirect support, like concealment of plans, can be critical in allowing such hostile actions to succeed.
- Maintaining National Security:
- By criminalizing the concealment of information related to war plans, this section aims to protect national security and prevent any person from aiding groups or individuals in overthrowing the government through armed conflict or insurrection. It ensures that anyone aware of such plans is obligated to expose them, thereby preventing violence or instability.
- Deterrence:
- The law aims to act as a strong deterrent against anyone who might be tempted to hide information or withhold action that could contribute to a war effort. The serious penalties of up to 10 years in prison and fines are meant to discourage people from aiding or abetting such dangerous activities.
Summary
Section 150 of the Bharatiya Nyaya Sanhita, 2023 addresses the offense of concealing or failing to disclose the existence of a design to wage war against the Government of India. This includes any act or omission intended to facilitate the waging of war, or that is likely to assist those planning to wage war. The section provides for severe punishment, including up to 10 years in prison and fines. The law is aimed at preventing individuals from aiding war efforts by hiding information, and it is designed to bolster national security by ensuring that any plot against the state is exposed and thwarted.
