Offences Against the State under BNS: Legal Framework and Consequences

OFFENCES AGAINST THE STATE UNDER BNS

Offences against the state under BNS refer to actions that are considered harmful or threatening to the government or nation. These offences against the state under BNS often include crimes that undermine the authority, integrity, or security of the state.

Below are some common types of offences against the state under BNS:

1. Treason: The act of betraying one’s country, typically by attempting to kill the sovereign or overthrow the government.
2. Espionage: The practice of spying or using spies to obtain political or military information.
3. Sedition: Conduct or speech inciting people to rebel against the authority of the state or government.
4. Subversion: Attempts to overthrow or undermine the authority of the government, often through covert or illegal means.
5. Terrorism: The use of violence or threats to intimidate or coerce, especially for political purposes, and often aimed at civilians or infrastructure.
6. Insurrection: A violent uprising against an authority or government.
7. Sabotage: Deliberate destruction, disruption, or damage, especially for political or military advantage.
8. Mutiny: Refusal to obey the orders of a person in authority, typically in a military context.

These offences are often addressed through specific laws and regulations. Penalties can be severe, reflecting the gravity of the threat they pose to national security and stability.

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

This legal provision states a serious crime against the Government of India.

It means:

• If someone wages war (fights or declares war) against the Indian government, or
• Attempts to start a war against the government, or
• Helps others to wage war against the government,

They can be punished with one of the following:

1. Death penalty, or
2. Life imprisonment, and
3. They may also have to pay a fine.

This law aims to protect India’s sovereignty and security by severely punishing acts of rebellion or war against the state.

Illustration:

A joins an insurrection against the Government of India. A has committed the offences against the state under BNS defined in this section.

“Kedar Nath v. State of Bihar”

In this case, the apex court said that the security of the State depends on law and order. This is the basic consideration that legislation must address to punish any offence against the state under BNS. Such legislations must fully protect and guarantee the freedom of speech and expression. This is the sine qua non of a democratic government established by the Indian Constitution. However, authorities must guard freedom against becoming a tool against the legally established government. Using words that incite violence or create public disorder must be restricted.

Conspiracy to commit offences against the state under BNS punishable by : section 148

This provision means that anyone, whether inside or outside India, who plans or conspires to commit crimes listed under Section 147 (rioting) or plots to intimidate the Central or State Government using criminal force, can be punished. The punishment can be life imprisonment or imprisonment for up to ten years, and the person may also have to pay a fine.

The explanation adds that authorities do not require any actual illegal act to be carried out for a conspiracy to be considered valid under this section. Just the agreement or plan to commit such acts is enough for punishment.

Illustration:

If a group of people in a foreign country plans to use violent means to threaten or overpower the Indian government, they can be charged with conspiracy, even if they have not yet taken any action towards it. Just the agreement to carry out such actions is sufficient for legal consequences.

Assaulting President, Governor, etc., with intent to compel or restrain exercise of any lawful power: Section 151

This legal provision deals with serious offenses against the President of India or a State Governor.

If someone attacks or illegally restrains the President or a Governor, or

Threatens or uses force (or threatens to use force) to make them do or not do something,

The person can be punished in the following ways:

1. Imprisonment for up to seven years, and
2. They might also have to pay a fine.

The purpose of this law is to protect the President and Governors from any form of coercion or violence intended to influence their official duties.

Waging war against Government of any foreign State at peace with Government of India: Section 153

This provision refers to a person who wages war against the government of a foreign country that is at peace with the Government of India. It also applies to someone who tries to wage such war or helps others in doing so. The punishment for this crime can be life imprisonment, possibly with a fine, or imprisonment of up to seven years, also with a possible fine, or just a fine.

The law aims to prevent individuals or groups from creating conflicts with countries that have peaceful relations with India. Even an attempt or support to wage such war is a serious offense. The provision reflects India’s commitment to maintaining peaceful international relations.

Illustration:

If a person living in India plans or supports an armed rebellion against a country that India has good diplomatic ties with, they can be charged under this law. For example, if someone funds a group intending to attack a peaceful foreign nation, they would be liable for prosecution under this provision.

“State v. Shyam Lal Sharma” (AIR 1956 All 559): This case involved an individual accused of assisting in a conspiracy to wage war against a foreign government friendly to India. The court upheld the law, emphasizing the importance of maintaining peaceful relations with friendly states.

Aiding escape of, rescuing or harbouring such prisoner : Section 158

This law states that if someone helps a State prisoner or a prisoner of war escape from lawful custody, they will face serious punishment. This includes:

1. Aiding in Escape: If someone helps or supports the prisoner in escaping.
2. Rescuing: Trying to physically take the prisoner away from custody.
3. Hiding the Prisoner: Giving shelter or hiding the prisoner who has already escaped.
4. Resisting Recapture: Stopping authorities from catching the escaped prisoner.

The punishment can be life imprisonment or imprisonment for up to ten years, along with a possible fine.

Illustration:

If authorities allow a prisoner of war to move freely within a town on parole (a promise to stay within set boundaries) and he leaves that town, they consider him to have escaped. If someone helps him hide or run away, they will be punished.

CONCLUSION

In conclusion, offences against the state under BNS represent serious threats to the stability, security, and integrity of a nation. These crimes, which include treason, espionage, sedition, subversion, terrorism, insurrection, sabotage, and mutiny, undermine the authority and functioning of the government and can have far-reaching impacts on society. Given their potential to destabilize and harm a nation, authorities impose stringent legal consequences for such offences. It is imperative for governments to remain vigilant and proactive in addressing and preventing these threats to safeguard national security and maintain public order.