Offences against the State**

Waging War against the Government of India (Section 121 BNS)

Offences against the State are serious crimes that pose a direct threat to the sovereignty, integrity, security, and stability of the nation and its government. These offences are dealt with in Chapter VII of the Bharatiya Nyaya Sanhita (BNS) (similar to Chapter VI of the IPC).

Waging War:

Waging war against the Government of India is considered one of the most serious crimes, involving hostile acts aimed at overthrowing or compelling the government.

Provision:

Section 121 of the BNS defines Waging war against Government of India (similar to Section 121 of the IPC): "Whoever wages war against the Government of India, or attempts to wage such war, or abets the waging of such war, shall be punished with death, or imprisonment for life and shall also be liable to fine."

Ingredients:

• Waging War: Engaging in hostile actions of a military nature against the government, aimed at achieving a public or general purpose by force (e.g., overthrowing the government, compelling it to change its policies by force). It involves organised force, not just isolated acts of violence or rioting.

• Against the Government of India: The target must be the lawful Government of India.

• Or Attempts to Wage such War: Taking steps towards waging war, which fall short of actually waging it.

• Or Abets the Waging of such War: Instigating, facilitating, or assisting others in waging such war.

Example: Organising and leading an armed rebellion against the government with the aim of overthrowing it, providing financial support or weapons to groups waging war against the government, inciting others to participate in such a war.

The punishment for waging war or attempting to wage war is one of the most severe in the BNS, reflecting the gravity of the threat posed to the State.

Attempt to Wage War against the Government of India

Taking steps towards waging war, even if the full offence is not committed, is also criminalized.

Provision:

As seen in Section 121 of the BNS itself, the act of attempting to wage war against the Government of India is explicitly included in the definition and carries the same severe punishment (death or imprisonment for life, and fine) as actually waging war. (Similar to Section 121 of the IPC).

Explanation:

An attempt involves doing an act with the intention of waging war, which is a step towards its commission, but falls short of actually waging war. The intention must be present, and the act must be proximate to the commission of the offence.

Example: Gathering arms and troops with the intention of overthrowing the government, recruiting and training individuals for an armed rebellion, planning and preparing for hostile operations against the government.

The law treats the attempt to wage war with the same severity as the completed offence, reflecting the grave danger posed by such preparatory acts to the security of the State.

Concealing design to wage war

Concealing the existence of a plan or design to wage war against the government is also an offence, penalizing those who have knowledge of such a threat and fail to disclose it.

Provision:

Section 124 of the BNS defines Concealing with intent to facilitate design to wage war (similar to Section 123 of the IPC): "Whoever, intending to facilitate, or knowing it to be likely that he will thereby facilitate, the waging of war against the Government of India, by the concealment of the existence of a design to wage such war, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine."

Ingredients:

• Concealment of a design to wage war: Hiding the existence of a plan or intention to wage war against the government.

• Intent or Knowledge: Intending to facilitate the waging of war OR knowing it to be likely to facilitate the waging of war by such concealment.

Example: A person becomes aware of a conspiracy or plan to wage war against the government but intentionally keeps this information secret, knowing that this concealment will help the conspirators in their plan. This is punishable even if the person is not directly involved in the plan itself.

This offence highlights the duty of individuals to report knowledge of serious threats to the state and penalizes those who deliberately conceal such information to aid those planning hostile actions.

Offences relating to sedition (Section 150 BNS)

Sedition involves exciting disaffection against the government. This offence, which was historically controversial, has been re-examined and included in the BNS with a modified definition.

Previous Position (IPC):

Section 124A of the IPC defined sedition as bringing or attempting to bring into hatred or contempt, or exciting or attempting to excite disaffection towards the Government established by law in India by words, signs, or visible representation.

Supreme Court Interpretation:

The scope of Section 124A IPC was clarified by the Supreme Court in Kedar Nath Singh v. State of Bihar (1962), which held that sedition is committed only when the words or actions have a tendency to incite violence or public disorder. Mere criticism of the government or its policies, without inciting violence, is not sedition and is protected under freedom of speech.

Provision in BNS (Section 150):

The BNS includes an offence related to sedition under Section 150, titled Acts endangering sovereignty, unity and integrity of India (similar to Section 124A of the IPC in substance, but with a changed name and potentially broader scope based on wording).

Section 150 states: "Whoever, with intention to excite disaffection towards the Government established by law in India, by words, either spoken or written, or by signs, or by visible representation, or otherwise, excites or attempts to excite disaffection, hatred or contempt towards the Government established by law in India, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to seven years, to which fine may be added; or whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law in India; or whoever, with intention to encourage, or to propagate, or to be engaged, in any subversive activities, intentionally engages in any act which endangers or is likely to endanger the sovereignty, unity, and integrity of India; or whoever, with intention to overthrow the Government established by law in India by force or show of force, or by other unlawful means, attempts the overthrow of the Government;"

The section seems to cover acts exciting disaffection (similar to the old sedition), as well as acts endangering sovereignty, unity, and integrity, and attempts to overthrow the government by force.

Promoting disaffection against the Government

The part of Section 150 BNS related to exciting disaffection towards the government is similar to the old sedition law. 'Disaffection' includes disloyalty and all feelings of enmity. However, expressing disapproval of government measures or administrative action without exciting or attempting to excite hatred, contempt, or disaffection does not constitute this offence.

The BNS provision seems to broaden the scope by including acts endangering sovereignty, unity, and integrity, and attempts to overthrow the government by force, potentially consolidating related offences. The judicial interpretation of this new section will determine its exact scope and whether it aligns with the limits placed on the old sedition law by the Supreme Court.

The punishment prescribed is severe, ranging up to imprisonment for life.

Public mischief

Causing alarm or fear to the public through false information, or creating false communications, can be considered acts of public mischief that affect public order and security.

Provision:

Section 295 of the BNS defines Public mischief (similar to Section 505 of the IPC): "Whoever makes, publishes or circulates any statement, rumour or report, (a) with intent to cause, or which is likely to cause, any officer, soldier, sailor or airman in the Army, Navy or Air Force of India to mutiny or otherwise disregard or fail in his duty as such; or (b) with intent to cause, or which is likely to cause, fear or alarm to the public, or to any section of the public whereby any person may be induced to commit an offence against the State or against the public tranquility; or (c) with intent to incite, or which is likely to incite, any class or community of persons to commit any offence against any other class or community, shall be punished..."

The BNS also includes a specific offence for false, misleading or deceptive advertisements (Section 295(3)). This appears to be a new inclusion in the context of offences causing public mischief, specifically targeting deceptive practices in advertising.

False, misleading or deceptive advertisements (Section 295 BNS)

Section 295(3) states: "Whoever makes, publishes or circulates any false or misleading or deceptive advertisement, being a statement, rumour or report as is referred to in sub-section (1), shall be punished..."

This implies that making false or deceptive advertisements that are likely to cause mutiny in the armed forces, or likely to cause fear/alarm to the public inducing them to commit offences against the State or public tranquility, or likely to incite communal offences, are punishable as public mischief. This extends the scope of public mischief to cover specific forms of harmful communication through advertising.

Ingredients:

• Act: Making, publishing, or circulating a statement, rumour, or report (including false/misleading/deceptive advertisements).

• Intent or likelihood: With intent to cause or likely to cause specific harmful consequences (mutiny in armed forces, public fear/alarm leading to offences against state/public tranquility, inciting communal offences).

This offence targets communications that are likely to disrupt public order, security, or harmony by spreading false or inflammatory information. The inclusion of deceptive advertisements reflects the modern context of communication and potential for public harm through misleading campaigns.

Offences relating to the Armed Forces

The BNS includes provisions that criminalize acts that disrupt the discipline, loyalty, or functioning of the armed forces, as these are critical for the security of the State.

Relevant BNS Provisions:

• Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty (Section 122 BNS): Similar to Section 131 IPC. Instigating, attempting to seduce, or abetting a soldier, sailor, or airman to commit mutiny or desert from their duty.

• Abetment of mutiny, if mutiny is committed (Section 121 BNS): Abetting the waging of war against the Government of India is covered under Section 121. A mutiny by armed forces against the government could fall under waging war or related offences. Section 122 specifically targets abetting individual soldiers to mutiny or desert.

• Acts by person subject to Army, Navy or Air Force Act (Section 123 BNS): Similar to Section 132 IPC. Specifies that acts punishable under the Army Act, Navy Act, or Air Force Act by persons subject to those Acts will be dealt with under those Acts, not the BNS. This acknowledges the separate disciplinary laws for the armed forces.

• Abetment of assault by soldier, sailor or airman on his superior officer (Section 124 BNS): Similar to Section 133 IPC. Abetting an assault by a soldier, sailor, or airman on their superior officer.

These provisions protect the command structure and discipline within the armed forces and penalize interference with their loyalty or duty, reflecting the importance of military integrity for national security. They are part of the broader chapter on Offences against the State.

Offences against the State in the BNS cover a range from acts of war and rebellion to those that disrupt public order, promote enmity, or undermine the security and integrity of the nation through harmful communications or actions affecting the armed forces, aiming to protect the stability and authority of the Government established by law.