Home  /  Bharatiya Nyaya Sanhita  /  Section 153

Section 153: Waging War Against Government of Foreign State at Peace with 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 125 IPC
Section 152 All 358 Sections of Bharatiya Nyaya Sanhita Section 154

Legal Commentary & Landmark Judgments: Section 153

Section 153 penalizes waging war against the Government of any foreign State at peace with the Government of India, prescribing imprisonment for life or up to seven years, and fine.

  • Foreign State at Peace: Applies to sovereign foreign nations maintaining peaceful diplomatic relations with India.
  • Cross-Border War Mobilization: Waging, attempting to wage, or abetting war against such foreign government from Indian soil.
  • International Treaty Obligation: Enforces India's international law duty to prevent its territory from being used as a staging ground for foreign armed rebellions (formerly Section 125 IPC).
Key Landmark Precedents:
  • Nazir Khan v. State of Delhi (2003) 8 SCC 461: Affirmed that plotting armed insurgencies against friendly neighboring foreign states from Indian territory violates Section 125 IPC (Section 153 BNS).
  • Empress v. Moorga Chetty (1881) ILR 5 Bom 338: Historic authority: Indian courts possess complete jurisdiction over individuals organizing attacks on foreign governments from within India.
Courtroom Practice & Strategic Litigation Guidance:

In cross-border geopolitical prosecutions where overseas dissidents are charged with funding foreign civil wars from India, verify diplomatic status: the foreign state must be officially recognized and at peace with India under Ministry of External Affairs records.

Section 152 All 358 Sections of Bharatiya Nyaya Sanhita Section 154