Section 147 BNS: Waging, Attempting to Wage, or Abetting War Against Government of India
Section 147 of the Bharatiya Nyaya Sanhita, 2023 creates a grave offence relating to waging war against the Government of India. It applies not only to actually waging war, but also to attempting to wage such war and to abetting the waging of such war.
Section 147 of the Bharatiya Nyaya Sanhita, 2023
Statutory provision: Whoever wages war against the Government of India, or attempts to wage such war, or abets the waging of such war, shall be punished with death, or imprisonment for life and shall also be liable to fine.
Illustration: A joins an insurrection against the Government of India. A has committed the offence defined in this section.
The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. It came into force on July 1, 2024, except for Section 106(2). Section 147 is therefore part of the criminal law presently in force for conduct governed by the BNS.
What Conduct Is Covered by Section 147 BNS?
The section expressly covers three forms of conduct:
- Waging war: actually waging war against the Government of India.
- Attempting to wage war: conduct amounting to an attempt to wage such war.
- Abetting the waging of war: conduct that legally amounts to abetment of the waging of such war.
The provision is directed at acts of the gravity contemplated by the statutory expression "wages war". It should not be treated as a general label for ordinary protest, political disagreement, public disorder, or isolated criminal violence without examining whether the statutory ingredients of the offence are actually made out.
Meaning of Abetment
Where Section 147 is invoked on the basis of abetment, the general BNS provisions governing abetment are relevant. In broad terms, abetment may arise through instigation, conspiracy accompanied by an act or illegal omission in pursuance of the conspiracy, or intentional aid, subject to the precise statutory requirements applicable to the facts.
Punishment Under Section 147 BNS
| Offence | Waging war, attempting to wage war, or abetting the waging of war against the Government of India |
|---|---|
| Punishment | Death, or imprisonment for life |
| Fine | The offender is also liable to fine |
Nature of the Offence Under the BNSS
The First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 classifies the offence under Section 147 as follows:
| Cognizable | Yes |
|---|---|
| Bailable | No - Non-bailable |
| Triable by | Court of Session |
Related Offences Against the State
Section 147 begins the BNS group of provisions dealing with offences against the State. The immediately related sections address conspiracy, preparation and concealment connected with designs to wage war against the Government of India.
- Section 148 - Conspiracy to commit offences punishable by Section 147
- Section 149 - Collecting arms, etc., with intention of waging war against Government of India
- Section 150 - Concealing with intent to facilitate design to wage war
Related BNS Provisions
- Section 143 - Trafficking of person
- Section 144 - Exploitation of a trafficked person
- Section 145 - Habitual dealing in slaves
- Section 146 - Unlawful compulsory labour
- Section 148 - Conspiracy relating to Section 147
- Section 149 - Collecting arms with intention of waging war
- Section 150 - Concealing design to wage war
Frequently Asked Questions
What is Section 147 BNS?
Section 147 punishes waging war against the Government of India, attempting to wage such war, or abetting the waging of such war.
What is the punishment under Section 147 BNS?
The punishment is death or imprisonment for life, and the offender is also liable to fine.
Is Section 147 BNS cognizable?
Yes. It is classified as a cognizable offence.
Is Section 147 BNS bailable?
No. The offence is non-bailable.
Which court tries an offence under Section 147 BNS?
The offence is triable by a Court of Session.
Legal note: This page provides a general explanation of the statutory provision. The precise application of Section 147 depends on the allegations, evidence and facts of the particular case.