CHAPTER VII
OF OFFENCES AGAINST THE STATE
Section 145 of The Bharatiya Nyaya Sanhita (BNS):
Habitual dealing in slaves.
Whoever habitually imports, exports, removes, buys, sells, traffics or deals in slaves, shall be punished with imprisonment for life, or with imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine.
Section 146 of The Bharatiya Nyaya Sanhita (BNS):
Unlawful compulsory labour
Whoever unlawfully compels any person to labour against the will of that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
Section 147 of The Bharatiya Nyaya Sanhita (BNS):
Waging, or attempting to wage war, or abetting waging of war, against Government of India.
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.
Illustration.
A joins an insurrection against the Government of India. A has committed the offence defined in this section.
Section 148 of The Bharatiya Nyaya Sanhita (BNS):
Conspiracy to commit offences punishable by section 147.
Whoever within or without and beyond India conspires to commit any of the offences punishable by section 147, 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 which may extend to ten years, and shall also be liable to fine.
Explanation.—To constitute a conspiracy under this section, it is not necessary that any act or illegal omission shall take place in pursuance thereof.
Section 149 of The Bharatiya Nyaya Sanhita (BNS):
Collecting arms, etc., with intention of waging war against Government of India.
Whoever collects men, arms or ammunition or otherwise prepares to wage war with the intention of either waging or being prepared to wage war against the Government of India, 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.
Section 150 of The Bharatiya Nyaya Sanhita (BNS):
Concealing with intent to facilitate design to wage war.
Whoever by any act, or by any illegal omission, conceals the existence of a design to wage war against the Government of India, intending by such concealment to facilitate, or knowing it to be likely that such concealment will facilitate, the waging of such war, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Section 151 of The Bharatiya Nyaya Sanhita (BNS):
Assaulting President Governor, etc., with intent to compel or restrain exercise of any lawful power.
Whoever, with the intention of inducing or compelling the President of India, or Governor of any State, to exercise or refrain from exercising in any manner any of the lawful powers of such President or Governor, assaults or wrongfully restrains, or attempts wrongfully
to restrain, or overawes, by means of criminal force or the show of criminal force, or attempts
so to overawe, such President or Governor, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Section 152 of The Bharatiya Nyaya Sanhita (BNS):
Acts endangering sovereignty unity and integrity of India.
Whoever, purposely or knowingly, by words, either spoken or written, or by signs, or by visible representation, or by electronic communication or by use of financial mean, or otherwise, excites or attempts to excite, secession or armed rebellion or subversive activities, or encourages feelings of separatist activities or endangers sovereignty or unity
and integrity of India; or indulges in or commits any such act shall be punished with imprisonment for life or with imprisonment which may extend to seven years and shall also be liable to fine.
Explanation.––Comments expressing disapprobation of the measures, or administrative or other action of the Government with a view to obtain their alteration by lawful means without exciting or attempting to excite the activities referred to in this section do not constitute an offence under this section.
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Section 153 of The Bharatiya Nyaya Sanhita (BNS):
Waging war against Government of any foreign State at peace with Government of India.
Whoever wages war against the Government of any foreign State at peace with the Government of India or attempts to wage such war, or abets the waging of such war, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment of either description for a term which may extend to seven years, to which fine may be added, or with fine.
Section 154 of The Bharatiya Nyaya Sanhita (BNS):
Committing depredation on territories of foreign State at peace with Governemnt of India.
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.
Section 155 of The Bharatiya Nyaya Sanhita (BNS):
Receiving property taken by war or depredation mentioned in sections 153 and 154.
Whoever receives any property knowing the same to have been taken in the commission of any of the offences mentioned in sections 153 and 154, 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 the property so received.
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Section 156 of The Bharatiya Nyaya Sanhita (BNS):
Public servant voluntarily allowing prisoner of sate or war to escape.
Whoever, being a public servant and having the custody of any State prisoner or prisoner of war, voluntarily allows such prisoner to escape from any place in which such prisoner is confined, shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Section 157 of The Bharatiya Nyaya Sanhita (BNS):
Public servant negligently suffering such prisoner to escape.
Whoever, being a public servant and having the custody of any State prisoner or prisoner of war, negligently suffers such prisoner to escape from any place of confinement in which such prisoner is confined, shall be punished with simple imprisonment for a term which may extend to three years, and shall also be liable to fine.
Section 158 of The Bharatiya Nyaya Sanhita (BNS):
Aiding escape of rescuing or harbouring such prisoner.
Whoever knowingly aids or assists any State prisoner or prisoner of war in escaping from lawful custody, or rescues or attempts to rescue any such prisoner, or harbours or conceals any such prisoner who has escaped from lawful custody, or offers or attempts to offer any resistance to the recapture of such prisoner, 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.
Explanation. —A State prisoner or prisoner of war, who is permitted to be at large on his parole within certain limits in India, is said to escape from lawful custody if he goes
beyond the limits within which he is allowed to be at large.
CHAPTER VIII
OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE
Section 159 of The Bharatiya Nyaya Sanhita (BNS):
Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty.
Whoever abets the committing of mutiny by an officer, soldier, sailor or airman, in the Army, Navy or Air Force subject to the Acts referred to in section 165 of the Government of India or attempts to seduce any such officer, soldier, sailor or airman from his allegiance or his duty, 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.
Section 160 of The Bharatiya Nyaya Sanhita (BNS):
Abetment of mutiny, if mutiny is committed in consequence thereof.
Whoever abets the committing of mutiny by an officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India, shall, if mutiny be committed in consequence of that abetment, be punished with death or with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Section 161 of The Bharatiya Nyaya Sanhita (BNS):
Abetment of assault by soldier, sailor or airman on his superior office, when in execution of his office
Whoever abets an assault by an officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India, on any superior officer being in the execution of his office, shall be punished with imprisonment of either description for a term which may
extend to three years, and shall also be liable to fine.
Section 162 of The Bharatiya Nyaya Sanhita (BNS):
Abetment of such assault, if assault committed.
Whoever abets an assault by an officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India, on any superior officer being in the execution of his office, shall, if such assault be committed in consequence of that abetment be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Section 163 of The Bharatiya Nyaya Sanhita (BNS):
Abetment of desertion of soldier, sailor or airman.
Whoever abets the desertion of any officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Section 164 of The Bharatiya Nyaya Sanhita (BNS):
Harbouring deserter.
Whoever, except as hereinafter excepted, knowing or having reason to believe that an officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India, has deserted, harbours such officer, soldier, sailor or airman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine or with both.
Exception.—This provision does not extend to the case in which the harbour is given by the spouse of the deserter.
Section 165 of The Bharatiya Nyaya Sanhita (BNS):
Deserter concealed on board merchant vessel through negligence of master.
The master or person in charge of a merchant vessel, on board of which any deserter from the Army, Navy or Air Force of the Government of India is concealed, shall, though ignorant of such concealment, be liable to a penalty not exceeding three thousand rupees, if he might have known of such concealment but for some neglect of his duty as such master or person in charge, or but for some want of discipline on board of the vessel.
Section 166 of The Bharatiya Nyaya Sanhita (BNS):
Abetment of act of insubordination by soldier, sailor or airman.
Whoever abets what he knows to be an act of insubordination by an officer, soldier, sailor or airman, in the Army, Navy or Air Force, of the Government of India, shall, if such act of insubordination be committed in consequence of that abetment, be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Section 167 of The Bharatiya Nyaya Sanhita (BNS):
Persons subject to certain Acts.
No person subject to the Army Act, 1950, the Indian Navy (Discipline) Act, 1934, or the Air Force Act , 1950 shall be subject to punishment under this Sanhita for any of the offences defined in this Chapter.
Section 168 of The Bharatiya Nyaya Sanhita (BNS):
Wearing garb or carrying token used by soldier, sailor or airman.
Whoever, not being a soldier, sailor or airman in the Army, Naval or Air service of the Government of India, wears any garb or carries any token resembling any garb or token used by such a soldier, sailor or airman with the intention that it may be believed that he is such a soldier, sailor or airman, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to two thousand rupees, or with both.
CHAPTER IX
OF OFFENCES RELATING TO ELECTIONS
Section 169 of The Bharatiya Nyaya Sanhita (BNS):
Candidate, Electoral right defined.
For the purposes of this Chapter—
(a) “candidate” means a person who has been nominated as a candidate at any
election;
(b) “electoral right” means the right of a person to stand, or not to stand as, or to withdraw from being, a candidate or to vote or refrain from voting at an election.
Section 170 of The Bharatiya Nyaya Sanhita (BNS):
Bribery.
(1) Whoever—
(i) gives a gratification to any person with the object of inducing him or any other person to exercise any electoral right or of rewarding any person for having exercised any such right; or
(ii) accepts either for himself or for any other person any gratification as a reward for exercising any such right or for inducing or attempting to induce any other person to exercise any such right,
commits the offence of bribery:
Provided that a declaration of public policy or a promise of public action shall not be an offence under this section.
(2) A person who offers, or agrees to give, or offers or attempts to procure, a gratification shall be deemed to give a gratification.
(3) A person who obtains or agrees to accept or attempts to obtain a gratification shall be deemed to accept a gratification, and a person who accepts a gratification as a motive for doing what he does not intend to do, or as a reward for doing what he has not done, shall be deemed to have accepted the gratification as a reward.
Section 171 of The Bharatiya Nyaya Sanhita (BNS):
Undue influence at elections.
(1) Whoever voluntarily interferes or attempts to interfere with the free exercise of any electoral right commits the offence of undue influence at an election.
(2) Without prejudice to the generality of the provisions of sub-section (1), whoever— (a) threatens any candidate or voter, or any person in whom a candidate or voter
is interested, with injury of any kind; or
(b) induces or attempts to induce a candidate or voter to believe that he or any person in whom he is interested will become or will be rendered an object of Divine displeasure or of spiritual censure,
shall be deemed to interfere with the free exercise of the electoral right of such candidate or voter, within the meaning of sub-section (1).
(3) A declaration of public policy or a promise of public action or the mere exercise or a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this section.
Section 172 of The Bharatiya Nyaya Sanhita (BNS):
Personation at elections.
Whoever at an election applies for a voting paper on votes in the name of any other person, whether living or dead, or in a fictitious name, or who having voted once at such election applies at the same election for a voting paper in his own name, and whoever abets, procures or attempts to procure the voting by any person in any such way, commits the offence of personation at an election:
Provided that nothing in this section shall apply to a person who has been authorised to vote as proxy for an elector under any law for the time being in force in so far as he votes as a proxy for such elector.
Section 173 of The Bharatiya Nyaya Sanhita (BNS):
Punishment for bribery.
Whoever commits the offence of bribery shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both:
Provided that bribery by treating shall be punished with fine only.
Explanation.— “Treating” means that form of bribery where the gratification consists in food, drink, entertainment, or provision.
Section 174 of The Bharatiya Nyaya Sanhita (BNS):
Punishment for undue influence or personation at an election.
Whoever commits the offence of undue influence or personation at an election shall be punished with imprisonment of either description for a term which may extend to one year or with fine, or with both.
Section 175 of The Bharatiya Nyaya Sanhita (BNS):
False statement in connection with an election.
Whoever with intent to affect the result of an election makes or publishes any statement purporting to be a statement of fact which is false and which he either knows or believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate shall be punished with fine.
Bare Act|Section 145-175 of The Bharatiya Nyaya Sanhita|BNS|Section 150|No Sedition|State offences
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Links to important chapters of Bharatiya Nagarik Suraksha Sanhita (BNSS)
General exceptions (Section 14 to Sexual 33 of BNS):
Right of private defence (Section 34 to Section 44 of BNS):
Rape provisions (Section 63 to Section 72 of BNS):
Murder, Culpable Homicide, Abetment to Suicide (Section 98 to Section 108 of BNS):
Kidnapping (Section 135 to Section 144 of BNS):
Theft and Snatching (Section 301 to Section 305 of BNS):
Cheating, Mischief and Trespass (Section 316 to Section 332 of BNS):
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