Bharatiya Nyaya Sanhita, 2023
Section 153
Waging war against Government of any foreign State at peace with Government of
Whoever wages war against the Government of any foreign State at peace with the Government of India or attempts to wage such war, or abets the waging of such war, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment of either description for a term which may extend to seven years, to which fine may be added, or with fine.
Why this exists
This provision (carried over from Section 125 of the old Indian Penal Code) exists because India, as a sovereign nation, must maintain control over its foreign relations. If private individuals or groups within India could freely attack or provoke friendly foreign nations, it could drag the whole country into unwanted conflict, damage diplomatic relations, and undermine the government's exclusive authority over war and peace. The law ensures that decisions about war are made by the State, not by private actors.
Common misconceptions
- Myth: You can only be punished if the war actually happens or succeeds.
Fact: The law also punishes attempts and even just helping (abetting) someone else's attempt, even if no actual war breaks out. - Myth: This only applies to attacks against India itself.
Fact: This section specifically covers waging war against a foreign country that is at peace with India, not against India.