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KembaraXtra - Bharatiya Nyaya Sanhita - Section 154 - Committing Depredation on Territories of Foreign State at Peace with Government of India
Introduction
Section 154 of the Bharatiya Nyaya Sanhita, 2023, deals with committing depredation or making preparations to commit depredation on the territories of a foreign State that is at peace with the Government of India.
The provision penalises both the actual commission of depredation and preparations made for carrying out such acts.
It also provides for the forfeiture of property used, intended to be used or acquired through the depredation.
The punishment may extend to seven years’ imprisonment, together with liability to a fine and forfeiture of the relevant property.
Meaning of Section 154
Under Section 154, a person commits an offence if they carry out depredation on the territory of a foreign State that is at peace with the Government of India.
The provision also applies to a person who makes preparations to commit such depredation.
Accordingly, Section 154 is not confined to situations where depredation has already occurred. It expressly includes preparations to commit the prohibited conduct.
The section therefore addresses acts of depredation and preparatory conduct directed against the territories of foreign States maintaining peaceful relations with the Government of India.
Concept of Depredation
According to the supplied commentary, depredation refers to violent looting, plundering, robbery or destruction.
It generally involves forceful attacks against property or territories.
The concept includes acts of pillaging, ravaging and unlawful destruction.
Such conduct is often associated with situations involving conflict or attacks against property and territory.
In the context of Section 154, the relevant depredation must concern the territory of a foreign State that is at peace with the Government of India.
Essential Ingredients of Section 154
1. There Must Be Depredation or Preparations to Commit Depredation
The accused must either commit depredation or make preparations to commit it.
The provision expressly covers both forms of conduct.
2. The Conduct Must Concern the Territory of a Foreign State
The depredation or preparations must relate to the territory of a foreign State.
The provision therefore specifically concerns conduct directed against territories outside India.
3. The Foreign State Must Be at Peace with the Government of India
The foreign State concerned must be at peace with the Government of India.
This requirement is expressly stated in Section 154.
The provision is therefore concerned with depredation against territories of foreign States maintaining peaceful relations with India.
4. Actual Depredation Is Not Required Where Preparations Are Made
Section 154 separately penalises making preparations to commit depredation.
Accordingly, the prosecution need not establish that depredation was actually committed where the alleged offence consists of making the preparations described in the section.
The statutory wording expressly includes preparatory conduct.
Commission of Depredation
The first part of Section 154 concerns the actual commission of depredation.
This involves carrying out the prohibited conduct against the territory of a foreign State that is at peace with the Government of India.
The supplied commentary associates depredation with violent plundering, looting and destruction.
A person who commits such depredation in the circumstances specified by Section 154 falls within the provision.
Preparations to Commit Depredation
The second part of Section 154 concerns preparations made to commit depredation.
The provision expressly treats such preparations as punishable conduct.
Therefore, the section extends beyond completed acts and includes the preparatory stage of the specified offence.
This is an important feature of Section 154 because the statutory wording identifies both commission and preparation as grounds for criminal liability.
Punishment Under Section 154
A person who commits the offence under Section 154 may be punished with:
- Imprisonment of either description for a term extending up to seven years;
- Liability to a fine; and
- Forfeiture of the property specified in the section.
The provision therefore prescribes imprisonment extending up to seven years, together with liability to a fine and forfeiture of relevant property.
The supplied statutory text does not specify a numerical maximum amount for the fine.
Forfeiture of Property
Section 154 expressly provides for forfeiture of property connected with the depredation.
The property liable to forfeiture includes:
- Property used in committing the depredation.
- Property intended to be used in committing the depredation.
- Property acquired through the depredation.
Accordingly, forfeiture is not confined to property actually used in carrying out the offence.
It also extends to property intended for use in the depredation and property obtained through it.
This is an important additional consequence of the offence under Section 154.
Classification of the Offence
According to the classification provided in the supplied text:
Nature of Offence: Cognizable.
Bail: Non-Bailable.
Triable By: Court of Session.
Commentary
Section 154 of the Bharatiya Nyaya Sanhita, 2023, corresponds to Section 126 of the Indian Penal Code, 1860.
According to the supplied commentary, the provision has been retained, with a change in the wording used to describe the relevant foreign territory.
The earlier IPC provision used the expression “territories of any power in alliance.”
Under Section 154 of the Bharatiya Nyaya Sanhita, this has been replaced with the expression “territories of any foreign State.”
The provision continues to concern depredation or preparations for depredation against territories of a foreign State at peace with the Government of India.
The supplied commentary also explains depredation as conduct involving violent looting, plundering, robbery or destruction.
The final portion of that explanation is incomplete in the supplied extract. Accordingly, no additional meaning is attributed to the missing text.
Key Takeaway
Section 154 makes it an offence to commit depredation or make preparations to commit depredation on the territory of a foreign State that is at peace with the Government of India.
The essential requirements are depredation or preparations for depredation, a connection with the territory of a foreign State, and the existence of peaceful relations between that State and the Government of India.
The provision expressly covers preparatory conduct, even where the depredation has not actually been committed.
The punishment may extend to seven years’ imprisonment, together with liability to a fine and forfeiture of property used, intended to be used or acquired through the depredation.
The offence is cognizable, non-bailable and triable by a Court of Session.
IPC Equivalent: Section 126 IPC.
Legislative Position: The provision has been retained, with the earlier reference to territories of a power in alliance replaced by a reference to territories of a foreign State.
Final Memory Formula
SECTION 154 = COMMITTING DEPREDATION OR MAKING PREPARATIONS + TERRITORY OF A FOREIGN STATE + FOREIGN STATE AT PEACE WITH GOVERNMENT OF INDIA = UP TO SEVEN YEARS’ IMPRISONMENT + LIABILITY TO FINE + FORFEITURE OF RELEVANT PROPERTY.
IMPORTANT DISTINCTION: SECTION 154 PUNISHES BOTH COMPLETED DEPREDATION AND PREPARATIONS TO COMMIT DEPREDATION.
FORFEITURE COVERS PROPERTY USED, INTENDED TO BE USED OR ACQUIRED THROUGH THE DEPREDATION.
