Waging, or attempting to wage war, or abetting waging of war, against Government of India
Section 147 of the Bharatiya Nyaya Sanhita, 2023 deals with 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. The Act came into force on 01 Jul 2024.
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 147, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 121 Waging, or attempting to wage war, or abetting waging of war, against the Government of India Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
How this offence is classified
From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| Waging or attempting to wage war, or abetting the waging of war, against the Government of India. | Death, or imprisonment for life and fine. | Cognizable. | Non-bailable. | Court of Session. |
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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B. A. Umesh vs Registrar, Supreme Court of India
Decided under Indian Penal Code 121, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
In review petitions arising from cases where death penalty has been awarded, a limited oral hearing of a maximum of thirty minutes per side in open Court is mandated by Article 21 of the Constitution as a just, fair and reasonable procedure, as a distinct exception to the general rule established in P.N. Eswara Iyer v. Registrar, Supreme Court. This exception is justified because: (1) death penalty is irreversible and results in deprivation of the most fundamental right to life; (2) different judicially trained minds applying the 'rarest of rare' sentencing doctrine can reach diametrically opposite conclusions on identical facts; and (3) even a remote chance of deviating from an original decision in a death sentence case justifies oral hearing as part of a 'reasonable procedure' under Article 21. All cases in which death sentence has been awarded by the High Court shall be heard by a Bench consisting of not less than three Judges under Supreme Court Rules 2013 Order VI Rule 3.
On this section: Offences for which death is alternative punishment
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 147
What have the courts held on Section 147 of the Bharatiya Nyaya Sanhita?
B. A. Umesh vs Registrar, Supreme Court of India (02 Sep 2014) is the leading judgment on this section among those set out below, though it was decided under IPC 121, which this section replaced -- the court never mentioned this Act: Offences for which death is alternative punishment.
Is Section 147 of the Bharatiya Nyaya Sanhita bailable?
Non-bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 147 of the Bharatiya Nyaya Sanhita cognizable?
Cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Court of Session.
How do I find court cases under Section 147 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 147, section 147 BNS, section 147 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 147 in ipc and bns 147 to 158. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with B. A. Umesh vs Registrar, Supreme Court of India (02 Sep 2014).
What should I read with Section 147 of the Bharatiya Nyaya Sanhita, and has it changed?
2 other provisions in this corpus refer back to it. It carries forward IPC 121 (Waging, or attempting to wage war, or abetting waging of war, against the Government of India), so the judgments decided under that provision are the case law on this one.
When did Section 147 of the Bharatiya Nyaya Sanhita come into force?
Section 147 of the Bharatiya Nyaya Sanhita, commonly called treason or waging war, and cited as BNS 147, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions2199 words
- 356. Defamation1543 words
- 335. Making a false document1318 words
- 101. Murder1177 words
- 303. Theft1104 words
- 3. General explanations858 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.