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KembaraXtra - Bharatiya Nyaya Sanhita - Section 153 - Waging War Against Government of Any Foreign State at Peace with Government of India
Introduction
Section 153 of the Bharatiya Nyaya Sanhita, 2023, deals with waging war against the government of a foreign State that is at peace with the Government of India.
The provision also penalises attempts to wage such war and the abetment of such warfare.
It therefore covers three forms of conduct: actually waging war, attempting to wage war and abetting the waging of war.
The section prescribes severe punishment, including imprisonment for life, imprisonment extending up to seven years or a fine.
Meaning of Section 153
Under Section 153, a person commits an offence if they wage war against the government of a foreign State that is at peace with the Government of India.
The provision also applies to a person who attempts to wage such war or abets the waging of such war.
Accordingly, Section 153 is not confined to situations where war has actually been waged.
It expressly includes attempts and abetment relating to the specified conduct.
The essential requirement is that the conduct must be directed against the government of a foreign State maintaining peaceful relations with the Government of India.
Three Forms of Prohibited Conduct
1. Waging War
The first category concerns a person who actually wages war against the government of a foreign State that is at peace with the Government of India.
The provision expressly makes such conduct punishable.
2. Attempting to Wage War
The second category concerns a person who attempts to wage war against the government of such a foreign State.
The provision therefore extends to attempts, even where the intended war is not successfully carried out.
3. Abetting the Waging of War
The third category concerns a person who abets the waging of war against the government of a foreign State at peace with the Government of India.
The section therefore addresses the conduct of persons who abet such warfare, in addition to those who directly wage or attempt to wage it.
Essential Ingredients of Section 153
1. The Conduct Must Involve Waging War, Attempting to Wage War or Abetment
The accused must engage in at least one of the three forms of conduct identified in the section.
These are waging war, attempting to wage war or abetting the waging of war.
2. The Conduct Must Be Directed Against the Government of a Foreign State
The provision specifically refers to war against the government of a foreign State.
It is therefore concerned with the government of the foreign State, rather than merely referring to property or territory.
3. The Foreign State Must Be at Peace with the Government of India
The foreign State must be at peace with the Government of India.
This requirement is expressly stated in Section 153.
The provision therefore applies to the specified conduct against governments of foreign States maintaining peaceful relations with India.
4. Completed Warfare Is Not Required for Every Form of the Offence
Section 153 separately includes attempts to wage war and abetment of the waging of war.
Accordingly, the provision is not limited to completed warfare.
A person may fall within the section through the attempt or abetment described in its wording.
Punishment Under Section 153
A person who commits the offence under Section 153 may be punished with any of the following alternatives:
- Imprisonment for life, to which a fine may be added; or
- Imprisonment of either description for a term extending up to seven years, to which a fine may be added; or
- Fine alone.
The provision therefore provides alternative punishments rather than requiring imprisonment in every case.
A fine may accompany imprisonment for life or imprisonment extending up to seven years.
Alternatively, the punishment may consist of a fine alone.
The supplied statutory text does not specify a numerical maximum amount for the fine.
Classification of the Offence
The supplied extract does not include the classification of the offence under Section 153.
Accordingly, its cognizable or non-cognizable status, bailable or non-bailable status, and the court competent to try the offence are not stated here.
Distinction Between Sections 153 and 154
Section 153 concerns waging war, attempting to wage war or abetting the waging of war against the government of a foreign State at peace with the Government of India.
The punishment may be imprisonment for life with an optional fine, imprisonment extending up to seven years with an optional fine, or a fine alone.
Section 154, on the other hand, concerns committing depredation or making preparations to commit depredation on the territories of a foreign State at peace with the Government of India.
The punishment under Section 154 may extend to seven years’ imprisonment, together with liability to a fine and forfeiture of relevant property.
The principal distinction is therefore between waging war against the government of a foreign State under Section 153 and committing or preparing depredation against the territory of such a State under Section 154.
Commentary
Section 153 of the Bharatiya Nyaya Sanhita, 2023, corresponds to Section 125 of the Indian Penal Code, 1860.
According to the supplied commentary, the provision has been retained with an amendment to the wording describing the relevant foreign government.
The earlier IPC provision referred to the “Government of any Asiatic Power in alliance.”
The Bharatiya Nyaya Sanhita uses the broader expression “Government of any foreign State at peace with the Government of India.”
The change removes the earlier geographical reference to an Asiatic Power and replaces it with a reference to any foreign State satisfying the condition stated in the section.
The supplied commentary is partially interrupted by text appearing out of sequence. However, the punishment alternatives and the reference to the corresponding IPC provision are identifiable from the extract.
Key Takeaway
Section 153 makes it an offence to wage war, attempt to wage war or abet the waging of war against the government of a foreign State that is at peace with the Government of India.
The essential requirements are one of the three prohibited forms of conduct, a foreign government against which the conduct is directed, and peaceful relations between that foreign State and the Government of India.
The punishment may be imprisonment for life with an optional fine, imprisonment extending up to seven years with an optional fine, or a fine alone.
IPC Equivalent: Section 125 IPC.
Legislative Position: The provision has been retained, with the earlier reference to the government of an Asiatic Power in alliance replaced by a reference to the government of any foreign State at peace with the Government of India.
Final Memory Formula
SECTION 153 = WAGING WAR / ATTEMPTING TO WAGE WAR / ABETTING THE WAGING OF WAR + GOVERNMENT OF A FOREIGN STATE + FOREIGN STATE AT PEACE WITH GOVERNMENT OF INDIA = LIFE IMPRISONMENT WITH OPTIONAL FINE OR UP TO SEVEN YEARS’ IMPRISONMENT WITH OPTIONAL FINE OR FINE ALONE.
IMPORTANT DISTINCTION: SECTION 153 — WAR AGAINST THE GOVERNMENT OF A FOREIGN STATE; SECTION 154 — DEPREDATION AGAINST THE TERRITORY OF A FOREIGN STATE.
