BNS Section 159 - Spying for Enemy
Whoever, for any purpose prejudicial to the safety or interests of Bharat, approaches, surveys, passes on or causes to be passed on, or attempts to pass on, any information to any person, shall be punished with imprisonment for life, or imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine.
Official Text
“Whoever, for any purpose prejudicial to the safety or interests of Bharat, approaches, surveys, passes on or causes to be passed on, or attempts to pass on, any information to any person, shall be punished with imprisonment for life, or imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine.”
Legal Analysis
Elements to Prove:
- Purpose prejudicial to Bharat's safety or interests.
- Approaching, surveying, or passing information.
- Intent to harm national interests.
Potential Defenses:
- No prejudicial purpose.
- Authorized information sharing.
- Legitimate activities.
Practical Examples
What Constitutes the Offense:
Gathering classified information, passing military secrets to foreign agents, conducting surveillance for enemy purposes.
What Doesn't Constitute:
Legitimate research, academic activities, or authorized information sharing.
Punishment
Imprisonment for Life, or up to 10 years, and Fine