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Introduction of 147 BNS

BNS Section 147 is focused on the crime of waging war, attempting to wage war, or abetting the waging of war against the Government of India. It is a highly serious offense under Indian law, punishable by death or life imprisonment. The section addresses acts of rebellion or insurgency against the state and imposes severe penalties to safeguard national security.


The Bharatiya Nyaya Sanhita (BNS) Section 147 replaces the old Indian Penal Code (IPC) Section 121.



What is BNS Section 147 ?

BNS Section 147 refers to the legal provisions concerning acts of war against the Government of India. It covers not only those who wage war but also those who attempt or abet such actions. The section prescribes strict punishments including the death penalty, life imprisonment, and a fine. The objective is to protect the sovereignty and integrity of India.


BNS Section 147 on acts of war, punishment details
147 BNS : prescribes the death penalty, life imprisonment, or fines for waging war, attempting, or abetting such actions against the Government of India.

BNS 147 in Simple Points

  1. Waging War:
    Any individual who actively participates in actions intended to wage war against the Government of India is committing a severe crime under this section. This includes using weapons or other means to challenge the authority of the state.
  2. Attempting to Wage War:
    Even if a person does not fully carry out a war but makes an attempt to do so—by planning, gathering forces, or resources—they are liable under this law.
  3. Abetting Waging of War:
    Supporting or encouraging others to wage war is also punishable under this section. This can involve giving financial help, moral support, or strategic guidance to rebels or insurgents.
  4. Punishment:
    The punishment for waging, attempting, or abetting war can be death or life imprisonment, highlighting the gravity of the offense. The individual may also be subject to a fine, as determined by the court.
  5. National Security:
    The primary aim of this law is to ensure that the integrity, sovereignty, and security of the Indian state are protected against acts of rebellion, insurrection, or war.

Section 147 BNS Overview

BNS Section 147 of the Bharatiya Nyaya Sanhita deals with the crime of waging war, attempting to wage war, or abetting the waging of war against the Government of India. This section outlines serious legal consequences for anyone who either engages in war directly, supports it, or tries to initiate it. The primary punishment under this section is death or life imprisonment along with a fine. This law is crucial to protect national security and ensure the sovereignty of the country.

Section 147 BNS Overview :10 Key Points

  1. What Constitutes Waging War?
    Waging war involves armed rebellion or violent action against the Government of India with the intent to overthrow or destabilize the government.
  2. Attempt to Wage War:
    A person is considered guilty of attempting to wage war if they make preparations, gather resources, or take any concrete steps toward starting a war, even if it’s not fully carried out.
  3. Abetting War:
    Anyone who helps, supports, or facilitates someone else’s efforts to wage war, either by providing money, supplies, or moral support, can be charged under this section.
  4. Punishment for Waging War:
    Those who are convicted of waging or attempting to wage war face the possibility of the death penalty or life imprisonment, underscoring the seriousness of this crime.
  5. Fines in Addition to Imprisonment:
    In addition to life imprisonment or death, the individual found guilty under this section may also be liable to pay a fine as per the court’s discretion.
  6. Cognizable Offense:
    A crime under BNS Section 147 is classified as cognizable, meaning the police have the authority to arrest the accused without a warrant if there is evidence of involvement in waging war.
  7. Non-Bailable Offense:
    This offense is non-bailable, meaning the accused cannot be easily released on bail. They remain in custody until the trial concludes unless the court grants special permission.
  8. Tried by Court of Session:
    Cases related to waging war are so serious that only a Court of Session is authorized to try them. The Court of Session handles high-profile and severe cases.
  9. Illustration:
    If an individual joins a group or organization that is actively involved in armed insurrection against the Government of India, that person can be charged under this section.
  10. Non-Compoundable:
    The offense of waging war is non-compoundable, meaning it cannot be settled between the parties outside of court. A legal trial is mandatory.

Examples for BNS Section 147

  1. Example 1:
    A group of individuals plans to overthrow the Indian government by launching an armed rebellion. They gather weapons, recruit members, and make an attempt to attack government buildings. Although the attack fails, all those involved in planning and execution are arrested. They are charged under BNS Section 147 for attempting to wage war against the Government of India.
  2. Example 2:
    An individual funds an insurgent group that is planning an armed revolt against the government. Though the person is not directly involved in the fighting, they provide substantial financial support. Under BNS Section 147, they are charged with abetting the waging of war, as they have actively supported an attempt to destabilize the government.

BNS 147 Punishment

Death or Life Imprisonment:
Those found guilty under this section may be sentenced to death or life imprisonment, depending on the gravity of the offense.

Fine:
In addition to imprisonment, the offender may also be liable to pay a fine, as determined by the court.


Punishments under BNS Section 147 for acts of war
BNS 147 outlines punishments for waging war on India

BNS 147 bailable or not ?

No, BNS Section 147 is a non-bailable offense, meaning the accused cannot be granted bail as a matter of right and must remain in custody while awaiting trial unless the court finds exceptional reasons to grant bail.


Bharatiya Nyaya Sanhita Section 147

OffenseDefinitionPunishmentBailableCognizableTrial Court
Waging, Attempting, or Abetting WarEngaging in, attempting, or supporting war against the Government of IndiaDeath or life imprisonment, and fineNon-bailableCognizableCourt of Session
Bharatiya Nyaya Sanhita Section 147

BNS Section 147 FAQs

What is waging war under BNS Section 147?

What is the punishment for waging war against the Government of India?

Can someone be punished for attempting to wage war?

Yes, attempting to wage war is also punishable under BNS Section 147, even if the war is not fully carried out.

Is BNS Section 147 a bailable offense?

Which court handles cases under BNS Section 147?


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