Bharatiya Nyaya Sanhita, 2023

Section 154 BNS: Committing Depredation on Territory 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 154 of the Bharatiya Nyaya Sanhita, 2023 punishes a person who commits depredation, or makes preparations to commit depredation, on the territories of a foreign State that is at peace with the Government of India. The section provides imprisonment up to seven years, fine, and forfeiture of property used, intended to be used, or acquired through such depredation.

Text of Section 154 of the Bharatiya Nyaya Sanhita, 2023

154. Committing depredation on territories of foreign State at peace with Government of India.

Whoever commits depredation, or makes preparations to commit depredation, on the territories of any foreign State at peace with the Government of India, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine and to forfeiture of any property used or intended to be used in committing such depredation, or acquired by such depredation.

Meaning and Scope of Section 154 BNS

Section 154 is one of the BNS offences against the State. It concerns depredation directed at the territory of a foreign State that is at peace with the Government of India.

The section does not separately define the word "depredation." Accordingly, its application must be determined from the statutory context, the acts alleged, surrounding circumstances, and applicable judicial interpretation. The provision should not be expanded beyond its actual wording.

Foreign State requirement The conduct must concern the territory of a foreign State at peace with the Government of India.
Completed conduct Actually committing depredation is punishable.
Preparation Making preparations to commit depredation is expressly punishable under the section.
Property consequence Property used, intended for use, or acquired through the depredation may be forfeited.

Essential Ingredients of an Offence under Section 154

For Section 154 to apply, the allegations and evidence must bring the conduct within the words used by the provision. Broadly, the following elements are material:

  • There must be a foreign State at peace with the Government of India.
  • The alleged conduct must concern the territory of that foreign State.
  • The accused must either commit depredation or make preparations to commit depredation.
  • The prosecution must establish the factual and legal ingredients of the alleged conduct by admissible evidence.
  • Where forfeiture is sought, the property must fall within the categories stated in Section 154.

Preparation to Commit Depredation is Expressly Punishable

A notable feature of Section 154 is that it does not require the alleged depredation to be completed in every case. The statutory words expressly include a person who "makes preparations to commit depredation."

This means that, for this particular offence, preparation itself can attract liability when the facts satisfy Section 154. Whether conduct amounts to punishable preparation under the section depends on the proven acts and the legal connection between those acts and the contemplated depredation.

Important distinction: Section 154 expressly criminalises preparation to commit the specified depredation. This is different from the general proposition that mere preparation is not always punishable for every offence.

Punishment, Fine and Property Forfeiture under Section 154

Consequence Section 154 provision
Imprisonment Imprisonment of either description for a term which may extend to seven years.
Fine The offender shall also be liable to fine.
Forfeiture Property used or intended to be used in committing the depredation, or property acquired by such depredation, may be forfeited.

The actual sentence and any order concerning property depend on the proven facts, the applicable procedural law and the judicial determination in the individual case.

Commencement and Current Legal Context

The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023 and was enacted on 25 December 2023. The new criminal laws came into force from 1 July 2024, and Section 154 is operative from that date.

Section 154 broadly occupies the field formerly addressed by section 126 of the Indian Penal Code, 1860, which dealt with committing depredation on territories of a Power at peace with the Government of India. The BNS provision uses the expression "any foreign State at peace with the Government of India" and expressly retains punishment for preparation as well as the property-forfeiture consequence.

Legal information notice: This page is a general legal reference. The meaning of "depredation," the sufficiency of preparation, evidentiary requirements, criminal procedure and property forfeiture issues may depend on the facts and binding judicial interpretation.