Bharatiya Nyaya Sanhita, 2023
Section 154
Committing depredation on territories of foreign State at peace with Government of
Whoever commits depredation, or makes preparations to commit depredation, on the territories of any foreign State at peace with the Government of India, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine and to forfeiture of any property used or intended to be used in committing such depredation, or acquired by such depredation.
Why this exists
This provision (carried forward from Section 126 of the old Indian Penal Code, itself rooted in 19th-century colonial law) exists to stop private individuals or groups within India from launching unauthorized attacks, raids, or looting expeditions into neighbouring or distant friendly countries. Such acts could drag the Indian government into unwanted diplomatic conflict, violate international law on state neutrality, and undermine India's foreign relations. It reflects the principle that only the state, not private citizens, may engage in acts of war or aggression against another nation.
Common misconceptions
- Myth: You're only punished if you actually cross into the foreign territory and cause damage.
Fact: The law also punishes mere preparation to commit such depredation, even if the raid never actually happens. - Myth: This law is about foreign nationals attacking India.
Fact: It's the reverse — it punishes people in India who attack or plan to attack a foreign country that is at peace with India.