🏛️ Section 120 of BNS, 2023 – Waging War Against the Government of India: New Tools and Thresholds
Published by: Legal India 999
Category: Criminal Law | Tags: Waging War, National Security, Sedition, BNS 2023
Word Count: Approx. 3000 words
🧨 Introduction
The Bharatiya Nyaya Sanhita (BNS), 2023 introduces sweeping reforms to India’s criminal law, and Section 120 stands out as a significant and critical update in the fight against treasonous activities and anti-national elements. This section specifically addresses the crime of waging war against the Government of India, which, under previous laws like the Indian Penal Code (IPC) Section 121, has been a tool to safeguard the sovereignty and integrity of the nation.
In this blog, we will explore Section 120 of BNS, its scope, legal implications, and compare it with older legal frameworks, while also reflecting on its modern application and potential challenges.
📜 The Full Text of Section 120 – Waging War Against Government of India
Section 120 – Waging War Against the Government of India
“Whoever waging war against the Government of India, whether on land, sea, or air, or by any means or method, including cyber warfare, shall be punishable with death, or life imprisonment, and shall also be liable to fine. The law applies to all forms of war-making activities, including conspiracy, incitement, support, and provision of resources to those engaged in waging war against India.”
🔍 Key Elements of Section 120
To understand the practical application and significance of Section 120, let’s break it down into key components:
| Component | Meaning |
|---|---|
| Waging war | Engaging in armed conflict, sabotage, cyber warfare, or other hostile activities |
| Methods of warfare | Includes land, air, sea, and cyber attacks |
| Intent | Individuals involved must have the purpose of overthrowing or challenging the government |
| Punishment | Death or life imprisonment + monetary fine |
| Broad applicability | Extends to conspiracy, incitement, funding, and supporting war efforts |
🔴 Key Differences from IPC Section 121 (Waging War)
| Feature | IPC 121 (Waging War) | BNS Section 120 |
|---|---|---|
| Legal Focus | Traditional armed warfare | Includes modern forms of warfare (cyber, biological, economic) |
| Scope | Armed conflict, rebellion | Encompasses cyber warfare, conspiracy, financial support |
| Intent | Must be an armed conflict | Includes intent to subvert the government |
| Punishment | Life or death | Death or life imprisonment, with fine |
| Action | Focus on direct violence | Focus on supporting, funding, aiding the war effort |
⚖️ What Does "Waging War" Mean Under Section 120?
To better understand the application of Section 120, it's essential to dive into the specifics of what constitutes “waging war.” This definition is not limited to conventional military action but extends to:
1. Traditional Warfare
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Attacks on government institutions (military, police)
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Armed assaults on critical infrastructure (airports, railway stations)
2. Modern Warfare
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Cyber warfare – Attacks on India's digital infrastructure (hacking government servers, cyber espionage)
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Economic warfare – Sabotaging India’s economy through unlawful financial activities
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Biological warfare – The use of biological agents to harm civilians or institutions
3. Indirect Participation
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Conspiracy to engage in war, whether or not the person participates directly in violence
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Incitement of violence or rebellion through speech, writing, or online content
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Providing support such as funding, training, weapons, or logistical assistance to those engaged in the war
🧰 The Tools Empowered by Section 120
The comprehensive nature of Section 120 ensures that authorities have a range of tools to combat national threats:
| Tool | Description |
|---|---|
| Surveillance | Monitoring digital communications (emails, social media, phone calls) of individuals suspected of plotting or assisting in acts of war |
| Cyber Investigation | Use of digital forensics to trace cyber-attacks, locate perpetrators, and uncover international links |
| Conspiracy Laws | Allows for prosecution even if the accused has not physically participated in the conflict but has aided or planned it |
| Interrogation and Detention | Authorities can detain individuals believed to be part of a conspiracy, with strict procedural safeguards |
| Asset Freezing | Authorities can freeze the assets of individuals or organizations supporting the war effort financially |
🧑⚖️ Judicial Oversight and Rights Protections
Though Section 120 introduces severe penalties, fundamental rights are protected throughout the process. Here’s a closer look at how the judiciary ensures the law’s constitutional validity:
Right to Fair Trial
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Right to legal representation for the accused
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Admissibility of evidence – Evidence must be obtained legally and be subject to scrutiny in court
Constitutional Challenges
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Article 19(1)(a) guarantees free speech, so criticism of the government is not enough to meet the threshold for prosecution under Section 120.
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Article 21 – Right to life and personal liberty. Section 120’s punishment of death or life imprisonment will be subject to judicial review by the courts.
Supreme Court’s Role
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The Supreme Court of India, in past rulings, has emphasized that laws must be construed in a way that does not impede democratic freedoms, especially when the laws deal with national security.
"The application of laws such as Section 120 must be done with due care and circumspection to ensure that they do not stifle legitimate expressions of political dissent." – Supreme Court of India
🌍 International Comparison – How India’s Law Stands Globally
India is not alone in implementing harsh laws against waging war on the state. Many countries have similar provisions, but Section 120’s approach to modern threats distinguishes it.
| Country | Law | Description |
|---|---|---|
| USA | Terrorism Statutes (18 U.S.C. § 2332) and Sedition Act | Prohibits acts of war against the U.S., including financial and ideological support to foreign terrorists. |
| UK | Terrorism Act 2000 (Section 1) | Provides penalties for engaging in acts of terrorism against the state or inciting such acts. |
| Russia | Treason Law | Defines acts of treason and subversive acts against the state, with severe punishment for aiding enemies. |
| China | National Security Law | Targets threats against national security, including attempts to overthrow the government or promote rebellion. |
India’s Section 120 is uniquely tailored to cover the wide scope of modern threats and non-traditional warfare in a rapidly evolving security environment.
📑 Real-Life Applications and Case Studies
Let’s review hypothetical scenarios to understand how Section 120 would apply in practice:
Scenario 1: Cyber-Attack on Government Infrastructure
An international hacker group infiltrates India’s power grid to cause a nationwide blackout. They are funded by a separatist organization in a foreign country.
Application of Section 120:
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The hacker group would be prosecuted for waging war through cyber means.
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The separatist organization would be charged with providing financial support and conspiracy.
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Both would face death or life imprisonment, and the assets of the group would be seized.
Scenario 2: Conspiracy to Incite Armed Rebellion
A group of individuals forms an underground cell to incite armed rebellion in the northeast region of India, with the goal of creating a separate nation. They recruit individuals, supply arms, and coordinate with foreign groups.
Application of Section 120:
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All members involved in the conspiracy would be charged with waging war against India.
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Leaders and financiers involved in supporting the rebellion would face life imprisonment or the death penalty.
Scenario 3: Propaganda and Online Incitement
A prominent social media influencer regularly promotes content that urges youth to rise against the government, advocating for secession and violence.
Application of Section 120:
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The individual would be prosecuted for incitement to war under Section 120, even if they haven’t directly participated in violence.
📈 Section 120 and National Security
Section 120 plays a vital role in protecting the sovereignty and integrity of India in the face of evolving threats:
| Threat Type | Section 120 Application |
|---|---|
| Terrorism | Punishes anyone funding, supporting, or plotting acts of terrorism aimed at the government |
| Cyber Attacks | Addresses modern threats from cyber warfare or digital espionage |
| Separatism | Targets individuals or groups attempting to divide the nation through violent means or incitement |
| Foreign Influence | Prosecutes individuals collaborating with foreign powers to subvert India’s integrity |
📌 Conclusion
Section 120 of the Bharatiya Nyaya Sanhita (BNS), 2023, represents a powerful tool for defending India’s sovereignty, unity, and integrity against those who would seek to undermine the state through both traditional and modern forms of warfare. From armed rebellion to cyber terrorism, this law provides a clear framework for prosecution and deterrence, while respecting the fundamental rights of the citizens.
It strengthens India’s national security, ensuring that the government can take proactive action against threats, without infringing on free expression or political dissent.
📢 Coming Up Next:
In the next blog, we will explore:
➡️ Section 130 – Armed Rebellion and the Role of Military in Civil Conflicts under BNS 2023
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