Official Text
“Whoever wages war against the Government of Bharat, 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 Analysis
Elements to Prove:
- The act constituted waging war, attempting it, or abetting it.
- The war was directed against the Government of Bharat.
- The act involved organized violence with intent to challenge state authority.
Potential Defenses:
- Lack of intent to wage war.
- Acting under lawful authority.
- Self-defense or necessity.
Practical Examples
What Constitutes the Offense:
Organized armed attacks on military installations, cyber warfare against government systems, coordinated terrorist activities aimed at overthrowing the state.
What Doesn't Constitute:
Peaceful protests, political dissent, or legitimate political opposition activities.
Punishment
Death or Imprisonment for Life, and Fine