Section 153 BNS: Waging war against Government of any foreign State at peace with Government of India
Bharatiya Nyaya Sanhita, 2023
Section 153 BNS at a Glance
Section 153 BNS deals with waging war against Government of any foreign State at peace with Government of India. It is non-bailable and cognizable, triable by the Court of Session; it replaced Section 125 IPC on 1 July 2024.
Imprisonment for life, or imprisonment of either description for up to seven years.
Section 153 BNS Bare Act Text
153. Waging war against any Asiatic Power in alliance with the 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.
Source: Section 153, Bharatiya Nyaya Sanhita, 2023
Section 153 BNS in Simple Words
Section 153 BNS of the Bharatiya Nyaya Sanhita (BNS) deals with a very serious offence. It applies when a person wages war against a foreign State that is at peace with the Government of India, or attempts to wage such war, or abets the waging of such war. The law is aimed at protecting India’s diplomatic and security interests.
It covers conduct that goes beyond ordinary hostility and enters the area of organised violence against a foreign government with whom India is not at war. This section can apply to individuals acting alone or in groups, if the required intent and conduct are proved. In practice, the prosecution must show that the accused took part in, supported, or helped a war-like act against the foreign State.
The offence is grave because it can affect India’s international relations and national security. Under the BNS, this provision now appears as Section 153 BNS, but the legal idea remains the same.
Ingredients of Section 153 BNS
- Waging war, attempting to wage war, or abetting the waging of war
- The war is against the Government of any foreign State at peace with the Government of India
Punishment Under Section 153 BNS
Imprisonment for life, or imprisonment of either description for up to seven years.
Fine may be added to either term of imprisonment, or fine alone may be imposed.
Waging war against the Government of any foreign State at peace with the Government of India carries imprisonment for life, or up to seven years, to which fine may be added, or fine.
Example of Section 153 BNS
When Section 153 BNS Does Not Apply
- The foreign State against whose Government the war was waged was not at peace with the Government of India
- The accused did not wage war, attempt to wage it or abet it
- The war was against the Government of India itself, which falls under Section 147 BNS
Section 153 BNS in the IPC (Previous Law)
Section 153 BNS replaces Section 125 IPC from the old criminal code.
Section 125 IPC is now Section 153 BNS, with the same punishment. The BNS replaces any Asiatic Power in alliance or at peace with the Government of India by any foreign State at peace with it, so the offence does not turn on the foreign State being Asiatic. The heading changes to match.
View IPC Section 125 →FAQs on Section 153 BNS
What does Section 153 BNS punish?▼
It punishes waging war, attempting to wage war, or abetting war against a foreign State that is at peace with India. The focus is on hostile acts of a war-like nature, not ordinary disputes or protests. The offence is treated very seriously because it can harm India's foreign relations.
Under Section 153 BNS, can a person be punished even if the war does not succeed?▼
Yes. An attempt to wage war or helping in such an act can also attract liability. The law does not require the hostile plan to fully succeed if the prosecution can prove the required act and intention.
Is the offence under Section 153 BNS bailable?▼
No, it is generally a non-bailable offence. Because of its seriousness, the police can arrest and investigate it as a cognizable offence. Bail, if sought, is decided by the court on the facts of the case.
Has Section 153 BNS changed under the new criminal law?▼
Yes. Section 153 BNS applies to waging war against the Government of any foreign State at peace with the Government of India, whereas the earlier law was limited to an Asiatic Power in alliance or at peace with the Government of India. The punishment remains the same.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·