IPC Section 125 and BNS Section 153: Waging War Against a Foreign State
Section 125 of the Indian Penal Code, 1860 concerned waging war against an Asiatic Power in alliance or at peace with India. The corresponding current provision is Section 153 of the Bharatiya Nyaya Sanhita, 2023, which covers any foreign State at peace with the Government of India.
Current law: The Bharatiya Nyaya Sanhita (BNS) came into force on 1 July 2024. BNS Section 153 governs relevant conduct after commencement, while the former IPC Section 125 remains relevant to offences committed before the change, subject to applicable saving and transitional provisions.
What did IPC Section 125 provide?
Section 125, Indian Penal Code, 1860: Waging war against any Asiatic Power in alliance with the Government of India.
Whoever wages war against the Government of any Asiatic Power in alliance or 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.
This historical provision covered three forms of conduct: actually waging war, attempting to wage war, and abetting the waging of war against the specified foreign government. The former statutory language was limited to an Asiatic Power.
BNS Section 153: Current statutory provision
Section 153, Bharatiya Nyaya Sanhita, 2023: 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.
The central change is the geographical scope: the present provision is not confined to an Asiatic Power. It applies to the government of any foreign State at peace with India. The three prohibited forms of conduct and the available punishments remain substantially the same.
Essential ingredients of the offence
- Foreign government: The conduct must concern the government of a foreign State that is at peace with the Government of India.
- Waging war: The accused must wage war, attempt to wage such war, or abet its waging.
- Criminal intent and participation: The prosecution must establish the requisite culpable conduct and mental element in light of the charge and evidence.
- Proof beyond reasonable doubt: As with other criminal offences, the prosecution must prove the elements of the charged offence beyond reasonable doubt.
Ordinary protest, criticism, or political disagreement is not automatically an act of waging war. Whether conduct constitutes war, an attempt, or abetment depends on the nature, purpose and proof of the alleged acts.
Punishment, cognizability, bail and trial
| Provision | BNS Section 153 (formerly IPC Section 125) |
|---|---|
| Available punishment | Imprisonment for life, with fine that may be added; or imprisonment of either description up to seven years, with fine that may be added; or fine alone. |
| Cognizable | Yes |
| Bailable | No (non-bailable) |
| Trial court | Court of Session |
| Procedural law | Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), including its First Schedule, subject to applicable transitional provisions. |
Non-bailable does not mean bail is legally impossible; it means release on bail is not an automatic entitlement and must be considered by the competent court under the applicable law.
IPC Section 125 versus BNS Section 153
| Feature | IPC Section 125 | BNS Section 153 |
|---|---|---|
| Foreign power covered | Any Asiatic Power in alliance or at peace with India | Any foreign State at peace with India |
| Prohibited conduct | Waging, attempting or abetting war | Waging, attempting or abetting war |
| Maximum sentence | Life imprisonment | Life imprisonment |
| Applicable period | Historical conduct under IPC, subject to savings | In force from 1 July 2024 |
Illustrative situations
Example 1: An organised armed group based in India deliberately undertakes hostile warfare against the government of a foreign State at peace with India. Depending on the evidence and applicable jurisdiction, BNS Section 153 may be relevant.
Example 2: A person intentionally helps organise or facilitate such warfare. The allegation may involve abetment under Section 153, but the prosecution must prove the required elements.
Example 3: A citizen peacefully criticises the policies of a foreign government. Mere criticism does not, without more, establish waging war, attempting war or abetment.
Related offences and legal provisions
Distinguish this offence from IPC Section 121 (BNS Section 147), concerning war against the Government of India; IPC Section 126 (BNS Section 154), concerning depredation on foreign territory; and IPC Section 127 (BNS Section 155), concerning receipt of property taken by such offences.
Frequently asked questions
What is the current equivalent of IPC Section 125?
BNS Section 153 covers waging war, attempting to wage war or abetting war against the government of a foreign State at peace with India. It applies from 1 July 2024.
What is the punishment under BNS Section 153?
Imprisonment for life with a possible fine, or imprisonment of either description up to seven years with a possible fine, or a fine alone.
Is an offence under BNS Section 153 bailable?
It is classified as cognizable and non-bailable and is triable by a Court of Session under the First Schedule to the BNSS.
How is BNS Section 153 different from IPC Section 125?
IPC Section 125 referred to an Asiatic Power in alliance or at peace with India; BNS Section 153 applies to the government of any foreign State at peace with India.
Does every hostile statement against a foreign government constitute waging war?
No. The provision concerns waging war, attempting to wage war or abetting such war. Mere criticism or ordinary political speech does not by itself establish those elements.
Official legislation and further reading
- Bharatiya Nyaya Sanhita, 2023 - official India Code Act PDF (Section 153).
- National Crime Records Bureau - BNS chapter-wise provisions.
- India Code - official central legislation portal.
- Ministry of Home Affairs - official notifications and resources.
- Indian Penal Code sections and punishments.
Legal information note: This article is a general explanation of the legislation. For a particular case, verify the current official text, commencement and saving provisions, and any relevant judicial decisions.