Bharatiya Nyaya Sanhita, 2023

Section 153 BNS: Waging War Against Government of a Foreign State at Peace with India

Act No. 45 of 2023 • In force from 1 July 2024 • Last reviewed: 8 September 2026

Section 153 of the Bharatiya Nyaya Sanhita, 2023 punishes a person who wages war against the Government of a foreign State that is at peace with the Government of India, attempts to wage such war, or abets the waging of such war. The provision carries severe punishment, including imprisonment for life, imprisonment up to seven years, or fine, depending on the sentence imposed under the section.

Text of Section 153 of the Bharatiya Nyaya Sanhita, 2023

153. Waging war against Government of any foreign State at peace with Government of India.

Whoever wages war against the Government of any foreign State at peace with the Government of India or attempts to wage such war, or abets the waging of such war, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment of either description for a term which may extend to seven years, to which fine may be added, or with fine.

Meaning and Scope of Section 153 BNS

Section 153 is placed among the BNS offences against the State. It is concerned with hostile acts directed against the Government of a foreign State that is in a state of peace with the Government of India.

The provision covers three distinct forms of criminal conduct: actually waging war, attempting to wage such war, and abetting the waging of such war. Therefore, liability under Section 153 is not restricted to a completed act of war.

Protected relationship The foreign State must be at peace with the Government of India.

Principal offence Waging war against the Government of that foreign State.

Attempt Attempting to wage such war is expressly punishable.

Abetment Abetting the waging of such war is also expressly punishable.

Essential Ingredients of an Offence under Section 153

For Section 153 to apply, the factual allegations and evidence must bring the conduct within the words of the provision. Broadly, the following elements are relevant:

There must be a foreign State whose Government is at peace with the Government of India.
The accused must wage war against that Government, attempt to wage such war, or abet the waging of such war.
The alleged conduct must amount to one of the specific forms of conduct described by Section 153 rather than merely political disagreement, advocacy or ordinary unlawful conduct unrelated to waging war.
The prosecution must prove the ingredients of the charged form of the offence through legally admissible evidence.

Important: Section 153 uses the specific expression "wages war." Whether conduct amounts to waging war, attempting to wage war or abetting war depends on the facts, surrounding circumstances, nature of the acts alleged and applicable judicial interpretation.

Attempting or Abetting the Waging of War

Section 153 expressly includes both attempt and abetment. A completed act of waging war is therefore not a prerequisite in every prosecution under this provision.

An attempt ordinarily requires conduct that has moved beyond mere preparation toward commission of the offence, subject to the statutory scheme and binding judicial interpretation. Abetment generally concerns legally recognised participation such as instigation, conspiracy or intentional aid where the applicable ingredients of abetment are established.

In any individual case, the exact charge should be read together with the relevant general provisions of the BNS and the procedural provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Punishment under Section 153 BNS

Offence	Punishment stated in Section 153
Waging, attempting to wage, or abetting war against the Government of a foreign State at peace with India	Imprisonment for life, to which fine may be added; or imprisonment of either description for a term which may extend to seven years, to which fine may be added; or fine.

The statutory provision gives the sentencing court the alternatives expressly stated in Section 153. The sentence in an individual matter depends on the proven facts, applicable sentencing law and the judicial determination in that case.

Commencement and Current Legal Context

The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023 and received Presidential assent on 25 December 2023. Under the Central Government notification dated 23 February 2024, the BNS provisions, except section 106(2), came into force on 1 July 2024. Section 153 is therefore in force from that date.

Section 153 substantially addresses the subject historically dealt with by section 125 of the Indian Penal Code, 1860, which concerned waging war against the Government of an Asiatic Power in alliance or at peace with the Government of India. The BNS text is framed more broadly as applying to the Government of any foreign State at peace with the Government of India.

Legal information notice: This page provides a general explanation of the statutory provision. Criminal liability, available defences, procedural requirements and evidentiary issues depend on the facts of the particular case and binding judicial decisions.