BNS Section 153 - Conspiracy to Wage War
Whoever within or without Bharat conspires to commit any of the offences punishable by section 152, or conspires to overawe, by means of criminal force or the show of criminal force, the Central Government or any State Government, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Official Text
“Whoever within or without Bharat conspires to commit any of the offences punishable by section 152, or conspires to overawe, by means of criminal force or the show of criminal force, the Central Government or any State Government, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.”
Legal Analysis
Elements to Prove:
- An agreement between two or more persons.
- The agreement was to wage war or overawe the government.
- The conspiracy involved criminal force or its show.
Potential Defenses:
- No agreement existed.
- The plan did not involve criminal force.
- Acting under lawful authority.
Practical Examples
What Constitutes the Offense:
Secret meetings to plan attacks, funding terrorist organizations, coordinating with foreign entities to destabilize the government.
What Doesn't Constitute:
Political discussions, academic research, or legitimate business activities.
Punishment
Imprisonment for Life, or up to 10 years, and Fine