Guarding the Republic
The Bharatiya Nyaya Sanhita (BNS), 2023, represents a major transformation in India’s criminal justice system, as it replaces the Indian Penal Code of 1860. The BNS reflects the values, priorities and challenges of a modern and independent India. One of the most important areas it focuses on is the protection of the State and its authority. The chapter on “Offences Against the State” includes serious crimes that are considered direct threats to the country’s sovereignty, unity and constitutional structure.
These offences cover actions such as waging war against the Government of India, attempting to do so or helping or encouraging others to commit such acts. It also includes planning or conspiring to use force or violence to challenge or overawe the central or state governments. Further, it criminalises any effort to promote secession, rebellion, or acts that endanger the unity and integrity of the nation through speech, writing, electronic communication, or financial means. The law also provides special protection to important constitutional authorities like the President of India and the Governors of States, any attempt to assault, threaten, or forcibly influence these officials is treated as a grave offence. These provisions are essential for maintaining national security, ensuring respect for democratic institutions and preventing unlawful acts that could destabilize the country.
What is the punishment for waging, attempting to wage or abetting the waging of war against the Government of India?
The punishment is death or imprisonment for life and the offender shall also be liable to fine.
What is an example of waging war against the Government of India?
If a person joins an insurrection against the Government of India, they have committed the offence of waging war.
What is the punishment for conspiring to commit offences like waging war against the Government of India?
The punishment is imprisonment for life or imprisonment of either description for up to ten years, and the offender shall also be liable to fine.
Is it necessary that an act or illegal omission should occur to establish conspiracy to wage war?
No, it is not necessary for any act or illegal omission to take place to constitute such a conspiracy.
What is the punishment for collecting men, arms, or ammunition with the intention of waging war against the Government of India?
The punishment is imprisonment for life or imprisonment of either description for a term not exceeding ten years, and the offender shall also be liable to fine.
What is the punishment for concealing the existence of a design to wage war against the Government of India?
The punishment is imprisonment of either description for a term which may extend to ten years, and the offender shall also be liable to fine.
What is the punishment for assaulting or attempting to overawe the President or a Governor to compel or restrain them from exercising their lawful powers?
The punishment is imprisonment of either description for a term which may extend to seven years, and the offender shall also be liable to fine.
What acts are punishable if they endanger the sovereignty, unity, and integrity of India?
Anyone who purposely or knowingly excites or attempts to excite secession, armed rebellion, subversive activities, or encourages separatist feelings; or commits such acts through spoken/written words, signs, visible representation, electronic communication, financial means, or otherwise, shall be punished.
What is the punishment for acts endangering the sovereignty, unity, and integrity of India?
The punishment is imprisonment for life or imprisonment which may extend to seven years, and the offender shall also be liable to fine.
Do comments expressing disapproval of government actions amount to an offence?
No, if the comments aim to seek alteration of government measures by lawful means and do not attempt to excite secession, rebellion, or similar activities, they do not constitute an offence.
What is the punishment for waging war against a foreign State at peace with India, or abetting such war?
The punishment is imprisonment for life (with fine possibly added), or imprisonment of either description for up to seven years (with fine possibly added), or with fine.
What is the punishment for committing or preparing to commit depredation on the territory of a foreign State at peace with India?
The punishment is imprisonment of either description for up to seven years, along with fine, and forfeiture of any property used or intended to be used in committing or acquired by such depredation.
What is the punishment for receiving property taken by war or depredation against a foreign State at peace with India?
The punishment is imprisonment of either description for up to seven years, along with fine and forfeiture of the property received.
What is the punishment for a public servant who voluntarily allows a State prisoner or prisoner of war to escape?
The punishment is imprisonment for life or imprisonment of either description for a term which may extend to ten years, and the offender shall also be liable to fine.
What is the punishment for a public servant who negligently allows a State prisoner or prisoner of war to escape?
The punishment is simple imprisonment for a term which may extend to three years, and the offender shall also be liable to fine.
What is the punishment for aiding the escape, rescuing, or harbouring a State prisoner or prisoner of war?
The punishment is imprisonment for life or imprisonment of either description for a term which may extend to ten years, and the offender shall also be liable to fine.
When is a State prisoner or prisoner of war considered to have escaped from lawful custody?
If a State prisoner or prisoner of war, permitted to be at large on parole within certain limits in India, goes beyond those limits, they are said to have escaped from lawful custody.
Therefore, the provisions under the Bharatiya Nyaya Sanhita (BNS), 2023, dealing with offences against the State serve as a legal shield to preserve the sovereignty, unity and constitutional sanctity of India. By addressing both traditional and contemporary threats from armed insurrections to digital subversion, the law underscores the paramount importance of national security within a democratic framework. While these provisions carry stringent punishments to deter anti-national activities, they are also calibrated to distinguish between lawful dissent and acts of rebellion. In doing so, the BNS not only strengthens the State’s hand against destabilising forces but also reaffirms the foundational values of the Indian Republic. As India evolves, these legal safeguards will continue to play an important role in maintaining public order and constitutional stability.
Muneeb Rashid Malik is an Advocate.
He tweets @muneebmalikrash.
