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Section 147: Waging or Attempting to Wage War Against Government of India

Bharatiya Nyaya Sanhita • Chapter VII: Of Offences Against the State & Armed Forces • Official Statutory Text & Legal Guide

Chapter VII: Of Offences Against the State & Armed Forces
Court of Session
Non-Bailable
Cognizable
Formerly Sec 121 IPC
Section 146 All 358 Sections of Bharatiya Nyaya Sanhita Section 148

Legal Commentary & Landmark Judgments: Section 147

Section 147 penalizes waging, attempting to wage war, or abetting waging of war against the Government of India, establishing the supreme capital offence against sovereign statehood, punishable with death or imprisonment for life, and fine.

  • Act of Waging War: Organizing armed rebellion, military insurgencies, or violent paramilitary strikes designed to subvert or overthrow the sovereign government.
  • Armed Resistance to Sovereign Authority: Requires organized violent conflict challenging state authority, distinct from ordinary civil rioting or mob violence.
  • Capital Punishment Baseline: Punishable with death or imprisonment for life, and mandatory fine (formerly Section 121 IPC).
Key Landmark Precedents:
  • State (NCT of Delhi) v. Navjot Sandhu (2005) 11 SCC 600 (Parliament Attack Case): The Supreme Court held that the 2001 armed terrorist assault on Parliament was a clear act of waging war against the Government of India under Section 121 IPC (Section 147 BNS), as its purpose was to paralyze the constitutional apparatus and kill sovereign leaders.
  • Nazir Khan v. State of Delhi (2003) 8 SCC 461: Affirmed that waging war does not require an international conflict; an internal armed assault aimed at destabilizing the sovereignty of India satisfies the section.
Courtroom Practice & Strategic Litigation Guidance:

In defending an accused charged under Section 147 BNS in insurgency or border cases, establish absence of sovereign subversion intent: prove that the alleged scuffle or attack was an isolated civilian clash without organizational links to armed insurgent groups.

Section 146 All 358 Sections of Bharatiya Nyaya Sanhita Section 148