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BNS Section 147

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Bharatiya Nyaya Sanhita

Reviewed by Advocate Chikirsha Mohanty

BNS Section 147

Waging, or attempting to wage war, or abetting waging of war, against the Government of India

Section 147 of the Bharatiya Nyaya Sanhita (BNS) deals with the offense of waging, or attempting to wage war, or abetting the waging of war against the Government of India. It's a serious offense punishable by death, imprisonment for life, and a fine.


Illustrations
 

A joins an insurrection against the Government of India. A has committed the offence defined in this section.


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BNS-147: Waging, or attempting to wage war, or abetting waging of war, against the Government of India

Key Points
 

  1. Waging War:
     

    • Waging war refers to any organized violent rebellion, attack, or armed resistance against the Government of India. This includes overt actions like military attacks or large-scale armed revolts.
       

  2. Attempting to Wage War:
     

    • An attempt to wage war involves preparations, planning, or taking concrete steps towards initiating a conflict against the state, even if the actual war has not begun.
       

  3. Abetting the Waging of War:
     

    • Abetment refers to aiding, supporting, or encouraging others to wage war against the Government of India. This could involve providing resources, strategic assistance, or inciting violence.
       

  4. Punishment:
     

    • The punishment for this offense is extremely severe, reflecting the gravity of the crime. It includes:
       

      • Death penalty or
         

      • Life imprisonment, and
         

      • A fine in addition to either of the above sentences.
         

  5. Objective:
     

    • The provision is aimed at protecting the sovereignty and integrity of India by criminalizing acts that threaten the government through violent or militaristic means.


Offence : Waging or attempting to wage war, or abetting the waging of war, against the Government of India.


Punishment : Death, or imprisonment for life and fine.


Cognizable or Non-cognizable : Cognizable.


Bailable or Non-bailable : Non-bailable.


By what Court triable : Court of Session.




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