BACK TO SECTIONSAIR 1965 SC 202
BNS 2024ACTIVE FRAMEWORK
Section 147
Waging, or attempting to wage war, or abetting waging of war, against the Government of India
Replaces colonial-era: IPC 121
Non-BailableCognizable: YesCourt of Session
Reform Highlights
1
Renumbered from IPC 121 to BNS 147.
2
Substantive law unchanged — death or life for waging, attempting, or abetting war.
THE STATUTE
The Clause
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.
Legal Commentary
Section 147 is the most severe provision in the BNS's chapter on offences against the State — punishing the ultimate act of armed rebellion against the Government of India with death or life imprisonment. The offence has three forms: actually waging war (armed uprising against the State), attempting to wage war (taking concrete steps toward an armed rebellion), and abetting the waging of war (supporting, financing, or facilitating those who wage war). The section applies to any person — Indian citizen or foreign national — who takes up arms against the Government of India or participates in an organised armed rebellion. The BNS's restructuring places this provision in Chapter VII (Offences Against the State) — earlier in the code than its IPC position — reflecting its constitutional and foundational importance. The section has been invoked in cases of terrorist organisations that have directly challenged India's territorial integrity through armed means. The relationship between BNS 147 and BNS 113 (Terrorist Act) is important — the same acts may attract both provisions, and prosecutors choose based on the evidence available and the specific nature of the threat.
Landmark Precedents
Masalti v. State of UP (1964)
RELEVANCE
In large mob situations, membership of the unlawful assembly at the time of violence satisfies the provision — individual act attribution is not required for conviction.
Case Simulations
"An armed group that seizes government buildings and declares an armed rebellion against India — waging war under BNS 147."
"Financing and supplying weapons to an armed insurgent group — abetting the waging of war under BNS 147."
"Planning a coordinated military-style attack on key government infrastructure — attempting to wage war."
Expert Insights
Waging war (BNS 147) contemplates an organised armed challenge to the authority of the Government of India itself — more akin to an armed insurrection or military attack on the state. Terrorism (BNS 113) is broader — covering acts intended to strike terror or threaten security even without directly challenging state authority through armed rebellion. In practice, the same facts may attract both provisions.