Whoever commits depredation, or makes preparations to commit depredation, on the territories of any foreign State at peace with the Government of India, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine and to forfeiture of any property used or intended to be used in committing such depredation, or acquired by such depredation.
Simplified Explanation
Section 154 of the Bharatiya Nyaya Sanhita (BNS) 2023 focuses on penalizing acts of depredation (plundering or looting) on the territories of foreign states that maintain peaceful relations with India. This section is vital for upholding international law and preventing actions that could harm India’s diplomatic ties.
Key Elements of Section 154
- Act of Depredation:
- “Depredation” refers to violent looting, destruction, or plundering of resources, properties, or goods in a foreign territory. It involves acts of robbery or exploitation with the intent of causing harm or extracting benefit unlawfully.
- Preparations to Commit Depredation:
- The law penalizes not only the act itself but also preparations for such acts. This includes activities like organizing weapons, transportation, or manpower for the purpose of committing depredation.
- Foreign State at Peace with India:
- The offense targets actions against territories of nations that maintain friendly relations with India. This aligns with India’s commitment to international peace and respect for sovereignty.
Punishments Prescribed
- Imprisonment (Up to 7 Years):
- The severity of the punishment underscores the seriousness of depredation, which can escalate tensions between nations.
- Fine:
- A monetary penalty may be imposed alongside imprisonment, ensuring that the offender compensates for the harm caused.
- Forfeiture of Property:
- Any property used in or obtained through the act of depredation can be confiscated. This includes tools, vehicles, or goods acquired during the act, discouraging potential offenders from benefiting materially.
Purpose and Rationale
- Maintaining International Relations:
- Section 154 protects India’s diplomatic image by ensuring that its citizens or residents do not engage in hostile or unlawful actions against peaceful nations.
- Preventive Measure:
- By criminalizing preparatory acts, the law seeks to deter potential offenders before harm can be inflicted.
- Reinforcement of Sovereignty:
- Respecting the territorial integrity of other states is a cornerstone of international law, which this section helps uphold.
Comparison with Indian Penal Code (IPC), 1860
- Section 154 of the BNS mirrors Section 126 of the IPC, 1860, which penalized similar acts. However, the BNS modernizes the language and structure of the law to enhance clarity and applicability in contemporary contexts.
Illustrations
- Example 1:
- A group of individuals crosses the border into a neighboring peaceful country and loots agricultural produce or other resources. This would be a clear violation under Section 154.
- Example 2:
- If a person stores weapons and plans an organized raid on a foreign territory to plunder natural resources, they could be punished under this section even if the act is not carried out.
Defenses
- Lack of Intention:
- If the accused can prove there was no intention to commit depredation, they may avoid liability. For example, if their presence in the foreign territory was accidental or non-malicious.
- False Accusation:
- Evidence of mistaken identity or malicious prosecution can be grounds for defense.
- No Preparatory Acts:
- Mere suspicion or unrelated activities cannot constitute an offense unless preparatory acts specifically intended for depredation are proven.
Impact on International Relations
- Section 154 emphasizes India’s adherence to peaceful coexistence and mutual respect for territorial sovereignty. By criminalizing such actions, the provision prevents potential diplomatic conflicts and demonstrates India’s commitment to the rule of law on a global scale.
Conclusion
Section 154 of the Bharatiya Nyaya Sanhita, 2023, is a crucial legal provision that upholds the principles of international peace and territorial sovereignty. By addressing both the act of depredation and its preparation, it ensures that individuals are held accountable for actions that could jeopardize India’s diplomatic relations or its reputation as a responsible global player.
