Section 147 BNS: Waging, or attempting to wage war, or abetting waging of war, against Government of India

Bharatiya Nyaya Sanhita, 2023

Section 147 BNS at a Glance

Section 147 BNS deals with waging, or attempting to wage war, or abetting waging of war, against Government of India. It is non-bailable and cognizable, triable by the Court of Session; it replaced Section 121 IPC on 1 July 2024.

Punishment

Death, or imprisonment for life.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ
IPC Equivalent

Section 121 →

Section 147 BNS Bare Act Text

147. Waging, or attempting to wage war, or abetting waging of war, against the Government of India

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.

Source: Section 147, Bharatiya Nyaya Sanhita, 2023

Section 147 BNS in Simple Words

Section 147 BNS of the Bharatiya Nyaya Sanhita (BNS) deals with one of the gravest offences against the State. It applies where a person wages war against the Government of India, tries to wage such war, or helps in doing so. This is not about ordinary protest, political speech, or a simple law and order dispute.

The conduct must show a serious attack on the authority of the State. The section can apply to anyone who directly takes part in hostile action, plans it, or gives support such as weapons, money, shelter, transport, or intelligence. The law looks at the intention and the nature of the act.

If the facts show an organised attempt to use force against the Government, the offence is made out. In practice, this section is used in cases involving armed rebellion, insurgent activity, or coordinated violent acts against the State. It is treated as an extremely serious offence and is investigated and tried with great severity.

Ingredients of Section 147 BNS

  • The accused waged war against the Government of India, attempted to wage such war, or abetted it
  • The punishment is death, or imprisonment for life, and liability to fine

Punishment Under Section 147 BNS

Imprisonment

Death, or imprisonment for life.

Fine

The offender is also liable to fine.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

Waging war against the Government of India, attempting it or abetting it carries death or imprisonment for life, and liability to fine.

Example of Section 147 BNS

In a border district, a group of armed men seizes a police armoury, takes control of a sub-district office and declares that the authority of the Government of India no longer runs there. Each man who joined the insurrection has committed the offence under Section 147 BNS, as the illustration to the section shows. A man who supplied the group with weapons knowing their purpose abets the waging of the war and is liable in the same way.

When Section 147 BNS Does Not Apply

  • The war is waged against the Government of a foreign State at peace with the Government of India. Section 153 BNS applies instead
  • The accused only conspired to wage war and did nothing more. Section 148 BNS applies instead
  • The accused only collected men, arms or ammunition to prepare for the war. Section 149 BNS applies instead
  • The accused neither waged war, nor attempted it, nor abetted it

Section 147 BNS in the IPC (Previous Law)

Section 147 BNS replaces Section 121 IPC from the old criminal code.

Section 121 IPC is now Section 147 BNS, with the same words and the same punishment. The BNS prints Illustration with a full stop on a line of its own, and its heading does not carry the word the before Government of India.

View IPC Section 121 →

FAQs on Section 147 BNS

Does Section 147 BNS apply to political protest or strikes?▼

No, not by itself. A protest, shutdown, or strike does not become this offence unless there is a real attempt to wage war against the Government using force or violent rebellion. The facts must show much more than dissent or public disturbance.

Under Section 147 BNS, can a person be punished even if the war-like act was not completed?▼

Yes. An attempt to wage war is also covered. So if the conduct shows a serious step towards armed rebellion or violent attack on the State, liability can still arise.

Under Section 147 BNS, what kind of support amounts to abetment?▼

Supplying arms, money, shelter, transport, intelligence, or planning support can amount to abetment if it is done knowingly to help the hostile act. Mere association is not enough. The prosecution must show active and conscious assistance.

Is the offence under Section 147 BNS bailable or compoundable?▼

No. It is non-bailable and non-compoundable. Courts treat it as one of the most serious offences in criminal law because it directly concerns the security of the State.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·