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.
Simplified Explanation
Section 153 of the Bharatiya Nyaya Sanhita (BNS) 2023 corresponds to a serious offense concerning the sovereignty and diplomatic relations of India. This section penalizes individuals who engage in activities that destabilize peace by targeting foreign states that maintain amicable ties with India. Below is a detailed breakdown of the provision:
Key Elements of Section 153
- Waging War Against a Foreign State:
- The term “waging war” refers to organized violence against a foreign state. It involves acts that could undermine the sovereignty or stability of that state, such as armed rebellion, insurgency, or coordinated attacks.
- The foreign state in question must be at peace with the Government of India. This reflects India’s respect for international diplomacy and non-aggression policies.
- Attempt to Wage War:
- Even an unsuccessful effort to wage war is punishable. This broadens the scope to include preparatory acts, such as planning or mobilizing resources for an attack.
- Abetment of Waging War:
- Assisting, encouraging, or aiding others to wage war falls under “abetment.” This could involve providing funds, intelligence, weapons, or moral support to those planning such actions.
Punishments Prescribed
- Life Imprisonment:
- For severe cases where the individual directly engages in waging war.
- This punishment reflects the gravity of the crime, considering its potential to harm international relations and peace.
- Imprisonment (Up to 7 Years):
- Applicable to less severe cases, such as failed attempts or limited involvement in the conspiracy.
- Offers judicial discretion based on the intensity and impact of the offense.
- Fine:
- Additional monetary penalties can accompany either life imprisonment or a shorter-term imprisonment, depending on the circumstances.
Purpose and Rationale
- Protecting India’s Foreign Relations:
- India’s global standing depends on peaceful and cooperative relations. Section 153 ensures that individuals do not act in ways that harm these relationships.
- Deterrence:
- The strict penalties aim to discourage individuals or groups from engaging in activities that might provoke conflicts with other nations.
- Adherence to International Law:
- By punishing individuals waging war against peaceful states, India reinforces its commitment to international law and treaties.
Comparison with Indian Penal Code (IPC), 1860
- Section 153 of the Bharatiya Nyaya Sanhita (BNS) closely resembles Section 125 of the IPC, 1860, which criminalized waging war against peaceful foreign states.
- The introduction of BNS reflects an attempt to modernize and consolidate legal provisions for clarity and relevance.
Illustrations
- Example 1: If a person raises an armed militia and attacks the consulate of a peaceful foreign state in India, they would be charged under Section 153.
- Example 2: A citizen organizes a cyber-attack on a foreign country’s government network, aiming to disrupt its functioning. Such an act can also fall under this section.
Defenses
- Lack of Intent:
- Proving absence of intent to wage war is a defense. For instance, if the accused was coerced or misled, they may avoid severe penalties.
- No Actual Harm:
- Mere suspicion or unrelated preparatory actions without clear evidence of intent to wage war might not constitute an offense.
Conclusion
Section 153 of the Bharatiya Nyaya Sanhita, 2023, reinforces India’s dedication to maintaining international peace and harmony. By criminalizing acts that jeopardize friendly relations with other nations, it aims to balance domestic security with global responsibilities. Understanding the gravity and nuances of this section is essential for students of law and those involved in diplomatic and security policymaking.
