Introduction of BNS 153
BNS 153 plays an important role in maintaining India’s peaceful international relations. It punishes individuals who wage war, attempt to wage war, or abet the waging of war against a foreign state that is at peace with India. This section ensures that no private individual or group can endanger India’s diplomatic ties or drag the country into unnecessary conflicts. By prescribing punishments ranging from life imprisonment to seven years of jail with fine, Section 153 protects India’s sovereignty and reinforces its role as a responsible global partner.
The Bharatiya Nyaya Sanhita (BNS) Section 153 replaces the old Indian Penal Code (IPC) Section 125.
What is BNS Section 153 ?
BNS Section 153 addresses the crime of waging war against foreign states that are at peace with India. It also applies to individuals who attempt or abet in such acts. The section imposes severe penalties, including life imprisonment and fines, to discourage any hostile actions against peaceful foreign nations.
Under Section 153 of the bns act 2023
“Whoever wages war, or attempts to wage war, or abets the waging of war, against the Government of any foreign State at peace with the Government of India, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.”
Explanation of Section 153
Section 153 of the Bharatiya Nyaya Sanhita (BNS) criminalizes the act of waging war, attempting to wage war, or abetting war against foreign states that are at peace with India. This law ensures that individuals or groups within India do not damage India’s peaceful international relations by engaging in hostile acts.
- Scope → Applies to direct war, attempted war, or support (abetting) against friendly foreign nations.
- Purpose → To maintain peaceful international relations and prevent private citizens from dragging India into conflicts.
- Punishment → Life imprisonment or imprisonment up to 7 years + fine.
- Classification:
- Cognizable → Police can arrest without warrant.
- Non-bailable → Bail is not automatic.
- Non-compoundable → Cannot be privately settled.
- Tried by Court of Session → Serious crime, handled by higher courts.
Key Elements of Section 153
- Waging War Against Peaceful States → Directly attacking or engaging in warlike actions against foreign allies.
- Attempts Covered → Even planning or attempting to wage war is punishable.
- Abetment Punishable → Helping others with resources, money, or information is also a crime.
- Punishment – Severe Cases → Life imprisonment for significant involvement.
- Punishment – Lesser Cases → Up to 7 years imprisonment + fine.
- Cognizable → Allows swift police action without prior court approval.
- Non-bailable → Reflects the seriousness of damaging India’s international peace.
- Non-compoundable → No compromise or settlement possible.
- Tried by Court of Session → Only higher courts can hear such matters.
- Protects International Relations → Ensures India acts responsibly on the global stage.
Examples of BNS Section 153
Example 1 – Planning War:
A group collects weapons and recruits people to attack a neighboring country that is at peace with India.
Guilty under Section 153, punishable with life imprisonment.
Example 2 – Financial Support:
An individual secretly funds an armed group preparing to attack a friendly foreign state.
Guilty of abetting war under Section 153, even without direct participation.
Why Section 153 is Important
- Preserves International Peace → Stops private citizens or groups from jeopardizing India’s foreign relations.
- Strong Deterrent → Life imprisonment deters individuals from taking hostile actions against friendly states.
- Covers All Roles → Not just fighters, but also planners and supporters are punished.
- Strengthens India’s Image → Reinforces India’s commitment to being a responsible global partner.
Section 153 BNS Overview
BNS Section 153 is crucial in maintaining peaceful relationships between India and other countries. It imposes strict penalties on individuals who wage war or attempt to disturb the peace with foreign nations. By implementing severe punishments like life imprisonment and heavy fines, this section ensures that any act of hostility towards peaceful foreign nations is dealt with firmly.
BNS Section 153 – 10 Key Points
- Waging War Against a Foreign State: BNS Section 153 focuses on individuals who wage war against a foreign state that is at peace with India. It ensures that those who initiate hostilities with friendly foreign nations are punished.
- Attempting to Wage War: Even if someone does not actually wage war but tries to initiate it or plans to, they are still held accountable under this section. This provision ensures that preparations or efforts to wage war are also considered a serious crime.
- Abetting War: Helping or encouraging others to wage war against a peaceful foreign state is also punishable. This includes providing resources, information, or any kind of support to those planning or involved in waging war.
- Imprisonment for Life: The most severe punishment under Section 153 is life imprisonment. This punishment applies to cases where an individual has significantly contributed to waging war or causing serious conflict.
- Alternative Punishments: For less severe cases, the individual may be sentenced to imprisonment for up to 7 years. A fine may also be imposed alongside the imprisonment, depending on the seriousness of the offense.
- Cognizable Offense: The offense under this section is cognizable, meaning the police have the authority to arrest the accused without a warrant. This ensures swift legal action against individuals involved in such serious offenses.
- Non-Bailable: Crimes under BNS Section 153 are non-bailable, meaning the accused cannot easily be granted bail. The seriousness of the crime demands strict legal handling, and bail can only be granted under special circumstances by the court.
- Non-Compoundable: This offense is non-compoundable, meaning it cannot be settled outside of court. It reflects the gravity of the crime, ensuring that justice is served in a court of law.
- Court of Session: Cases related to waging war against foreign states are tried by the Court of Session, a higher court that handles serious offenses. The case is not dealt with in lower courts due to its severity.
- Maintaining International Peace: This section plays a vital role in ensuring that India remains peaceful with foreign states. By punishing acts of war, it discourages any individual or group from disrupting international relations.
Examples of BNS Section 153
- Example 1: A group of individuals plans to attack a foreign country that is at peace with India. They organize resources and gather weapons, intending to wage war against that country. This would be punishable under Section 153.
- Example 2: An individual provides financial support to a group planning to wage war against a foreign nation that maintains peaceful relations with India. Even though the person does not directly participate in the war, their support is still punishable under this law.
BNS 153 Punishment
Life Imprisonment: For the most severe cases, the convicted individual may face life imprisonment, along with the possibility of a fine.
Imprisonment for 7 Years: If the case is less severe, the individual may face up to 7 years in prison, with fines imposed.
BNS 153 bailable or not ?
No, BNS Section 153 is a non-bailable offense. This means that the accused does not have an automatic right to bail, and it is at the discretion of the court whether to grant bail.
Comparison Table – BNS Section 153 vs IPC Section 125 (Old Law)
| Section | Offence | Punishment | Bailable / Non-Bailable | Cognizable / Non-Cognizable | Trial By |
|---|---|---|---|---|---|
| BNS Section 153 | Waging, attempting to wage, or abetting war against the Government of any foreign State at peace with the Government of India. Ensures India’s international peace and diplomatic integrity. | Imprisonment for life, or imprisonment up to 7 years, and fine. | Non-Bailable | Cognizable | Court of Session |
| IPC Section 125 (Old Law) | Waging war against any Asiatic Power in alliance or at peace with the Government of India; included aiding or abetting such war. | Imprisonment for life, or imprisonment up to 7 years, and fine. | Non-Bailable | Cognizable | Court of Session |
BNS Section 153 FAQs
What does BNS Section 153 cover?
It punishes individuals who wage or attempt to wage war against foreign states that are at peace with India.
What is the maximum punishment under BNS Section 153?
The maximum punishment is life imprisonment along with a fine.
Is an attempt to wage war punishable under this section?
Yes, even attempts to wage war are punishable under this section.
Is BNS Section 153 a bailable offense?
No, it is a non-bailable offense, meaning bail is not easily granted.
Who tries cases under BNS Section 153?
Cases are tried by the Court of Session due to the seriousness of the offense.
Conclusion
Bharatiya Nyaya Sanhita (BNS) Section 153 plays an important role in maintaining India’s peaceful international relations. It punishes individuals who wage war, attempt to wage war, or abet the waging of war against a foreign state that is at peace with India. This section ensures that no private individual or group can endanger India’s diplomatic ties or drag the country into unnecessary conflicts. By prescribing punishments ranging from life imprisonment to seven years of jail with fine, Section 153 protects India’s sovereignty and reinforces its role as a responsible global partner.
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Finished with BNS 153 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
- Section 154 BNS : Committing depredation on territories of foreign State at peace with the Government of India.
- https://marriagesolution.in/bns_section/section-154-bns/
- BNS 155 : Receiving property taken by war or depredation mentioned in sections 153 and 154 .
- https://marriagesolution.in/bns_section/bns-155/
- Section 156 BNS : Committing depredation on territories of foreign State at peace with the Government of India.
- https://marriagesolution.in/bns_section/section-156-bns/
- 157 BNS : Public servant negligently suffering such prisoner to escape.
- https://marriagesolution.in/bns_section/157-bns/
- 158 BNS : Aiding escape of, rescuing or harbouring such prisoner.
- https://marriagesolution.in/bns_section/158-bns/
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