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Offences against state punishments under BNS (Bharatiya Nyaya Sanhita)

Introduction


In the present article, we will study about how the Bharatiya Nyaya Sanhita, 2023 (BNS) deals with the offences against state. Sections 147 to Section 158 of Bharatiya Nyaya Sanhita deals with the offences against state.


Section 147 BNS - Waging War Against the Government of India:


This section penalises the actions that strike at the the nation's sovereignty. Individuals found guilty of waging or attempting to wage war, or abetting such endeavors, face severe penalties. The spectrum of punishment spans from death to life imprisonment, coupled with fines.


Section 148 BNS - Conspiracy Against the Government:


Section 148 extends the legal purview to conspiracies within and beyond India. Conspiring to commit offenses punishable under Section 147 is met with stringent consequences. Notably, the section does not hinge on the execution of illegal acts; the mere act of conspiracy is sufficient for legal repercussions under this section. The penalties include imprisonment for life or up to ten years, accompanied by fines.


Section 149 BNS - Preparation to Wage War:


Section 149 penalizes the collection of men, arms, or ammunition with the intent to wage war against the Government of India. Punishments range from life imprisonment to a term not exceeding ten years, with the additional imposition of fines.


Section 150 BNS - Concealing Design to Wage War:


Concealing the existence of a design to wage war falls under Section 150. Those found guilty, with the intent to facilitate such war, face imprisonment up to ten years, along with fines.


Section 151 BNS - Assaulting or Restraining Authorities:


Section 151 addresses offenses against constitutional authorities. Individuals attempting to induce or compel the President of India or a State Governor, through criminal force or the show of criminal force, face imprisonment up to seven years, along with fines.


Section 152 BNS - Incitement to Secession or Rebellion:


This section tackles offenses related to incitement. Purposely or knowingly inciting secession, armed rebellion, or subversive activities endangers the sovereignty and unity of India. The penalties include life imprisonment or imprisonment up to seven years, accompanied by fines.


Section 153 BNS - Waging War Against a Foreign State:


Extending jurisdiction, Section 153 addresses individuals attempting to wage war against a foreign state at peace with India. Penalties range from life imprisonment with fines to imprisonment up to seven years, with additional fines.


Sections 154 and 155 BNS - Depredation and Receiving Stolen Property:


Sections 154 and 155 focus on offenses related to depredation on foreign territories and receiving stolen property, prescribing imprisonment up to seven years, fines, and forfeiture of property.


Section 156 BNS - Voluntary Allowing of Escape:


This section addresses the actions of public servants who, having the custody of any State prisoner or prisoner of war, voluntarily allow such prisoner to escape. The penalty for this offense is imprisonment for life or imprisonment for a term extending up to ten years, in addition to fines.


Section 157 BNS - Negligent Allowing of Escape:


In cases where a public servant negligently allows a State prisoner or prisoner of war to escape from confinement, Section 157 comes into play. The punishment for this offense is simple imprisonment for a term up to three years, along with fines.


Section 158 BNS - Aiding Escape or Resistance to Recapture:


Section 158 addresses individuals who knowingly aid or assist a State prisoner or prisoner of war in escaping from lawful custody. It also covers those who rescue, attempt to rescue, harbor, conceal, or offer resistance to the recapture of such prisoners. The penalties for these actions include imprisonment for life or imprisonment for a term extending up to ten years, in addition to fines.


An important clarification is provided in the explanation, stating that a State prisoner or prisoner of war, permitted to be at large on parole within certain limits in India, is considered to escape from lawful custody if they go beyond the allowed limits.


FAQs on offences against state under Bharatiya Nyaya Sanhita (BNS)


Q: What is Section 147 of Bharatiya Nyaya Sanhita (BNS)?


A: Section 147 penalizes actions that involve waging or attempting to wage war against the Government of India, aiming to safeguard the nation's sovereignty. The penalties range from death to life imprisonment, coupled with fines.


Q: What does Section 148 of BNS address?


A: Section 148 deals with conspiracies against the Government, extending its jurisdiction within and beyond India. Conspiring to commit offenses under Section 147, even without execution, can lead to imprisonment for life or up to ten years, along with fines.


Q: How does Section 149 of BNS handle preparation to wage war?


A: Section 149 penalizes the collection of men, arms, or ammunition with the intent to wage war against the Government of India. Punishments include life imprisonment to a term not exceeding ten years, accompanied by fines.


Q: What is covered in Section 151 of BNS?


A: Section 151 addresses offenses against constitutional authorities, targeting individuals attempting to induce or compel the President of India or a State Governor through criminal force. The penalty is imprisonment up to seven years, along with fines.


Q: Explain Section 153 of BNS regarding waging war against a foreign state.


A: Section 153 addresses individuals attempting to wage war against a foreign state at peace with India. Penalties range from life imprisonment with fines to imprisonment up to seven years, along with additional fines.


Q: What is the focus of Sections 154 and 155 in BNS?


A: Sections 154 and 155 focus on offenses related to depredation on foreign territories and receiving stolen property. Penalties include imprisonment up to seven years, fines, and forfeiture of property.


Q: What does Section 156 of BNS address?


A: Section 156 deals with public servants voluntarily allowing the escape of State prisoners or prisoners of war, imposing penalties of imprisonment for life or up to ten years, along with fines.


Q: Explain Section 157 of BNS regarding negligent allowing of escape.


A: Section 157 addresses cases where a public servant negligently allows a State prisoner or prisoner of war to escape, resulting in simple imprisonment for up to three years, along with fines.


Q: What actions are covered under Section 158 of BNS?


A: Section 158 addresses aiding or assisting a State prisoner or prisoner of war in escaping from lawful custody, or offering resistance to recapture. Penalties include imprisonment for life or up to ten years, along with fines.


Offences against state punishments under BNS (Bharatiya Nyaya Sanhita)




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