Section 150 BNS: Concealing with Intent to Facilitate Design to Wage War
Section 150 of the Bharatiya Nyaya Sanhita, 2023 punishes a person who, by an act or an illegal omission, conceals the existence of a design to wage war against the Government of India, where the concealment is intended to facilitate the waging of such war or is done with knowledge that it is likely to facilitate it.
Text of Section 150, Bharatiya Nyaya Sanhita, 2023
150. 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.
Meaning and Scope of Section 150 BNS
The section focuses on concealment of an existing design to wage war against the Government of India. Concealment may arise from a positive act or from an "illegal omission". Under Section 2 of the Bharatiya Nyaya Sanhita, the words "act" and "omission" can denote a single act or omission as well as a series of acts or omissions, while "illegal" includes what is an offence, what is prohibited by law, or what furnishes ground for a civil action.
For criminal liability under Section 150, concealment alone is not enough. The statutory mental element must also be proved: the person must intend the concealment to facilitate the waging of war, or must know that the concealment is likely to facilitate such war.
Essential Ingredients of the Offence
- There must be a design to wage war against the Government of India.
- The accused must conceal the existence of that design.
- The concealment may be by an act or by an illegal omission.
- The accused must intend the concealment to facilitate the waging of war, or know that the concealment is likely to facilitate it.
What Is an Illegal Omission?
Section 2 of the BNS provides relevant definitions for interpreting Section 150. "Illegal" applies to everything that is an offence, is prohibited by law, or provides ground for a civil action. A person is described as "legally bound to do" whatever it is illegal for that person to omit. Accordingly, an omission can attract Section 150 only where it is legally significant and the remaining ingredients of the offence are established.
Punishment Under Section 150 BNS
| Offence | Concealing, by an act or illegal omission, the existence of a design to wage war against the Government of India with the required intent or knowledge. |
|---|---|
| Maximum punishment | Imprisonment of either description for a term which may extend to ten years. |
| Fine | The offender is also liable to fine. |
| Chapter | Chapter VII - Offences Against the State. |
Section 150 and Related BNS Provisions
Section 150 forms part of the group of BNS provisions dealing with offences connected with waging war against the Government of India. Section 147 BNS deals with waging, attempting to wage, or abetting the waging of war. Section 148 BNS deals with conspiracy to commit offences punishable by Section 147. Section 149 BNS concerns collecting men, arms or ammunition, or otherwise preparing to wage war with the specified intention.
Commencement of Section 150 BNS
The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. By Central Government notification dated 23 February 2024, its provisions came into force on 1 July 2024, except Section 106(2). Section 150 therefore came into force on 1 July 2024.
Legal Interpretation
The application of Section 150 depends on proof of both concealment and the prescribed state of mind. Whether particular conduct amounts to concealment, whether an omission was illegal, and whether the accused intended or knew that the concealment would facilitate the waging of war are questions that must be determined from the facts and admissible evidence of each case.
Official Legal Sources
For authoritative statutory text and commencement information, use the official India Code text of the Bharatiya Nyaya Sanhita, 2023 and the Ministry of Home Affairs notification linked in the right sidebar.
Frequently Asked Questions
What does Section 150 BNS punish?
It punishes concealment of the existence of a design to wage war against the Government of India where the concealment is intended to facilitate such war or is done with knowledge that it is likely to facilitate it.
Can an omission amount to an offence under Section 150?
Yes. The statutory text expressly covers concealment by an act or by an illegal omission, subject to proof of the other ingredients of Section 150.
What is the maximum punishment under Section 150 BNS?
The maximum punishment is imprisonment of either description for ten years, and the offender is also liable to fine.
When did Section 150 BNS come into force?
Section 150 came into force on 1 July 2024.