Section 154 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 154 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the offense of committing depredation on the territories of a foreign state at peace with the Government of India. This provision criminalizes acts of aggression or preparations to commit such acts against foreign nations that maintain peaceful relations with India.
๐ Text of Section 154
"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."
โ๏ธ Legal Implications
Cognizability: The offense is cognizable, meaning the police have the authority to arrest the accused without a warrant and to start an investigation with or without the permission of a court.
Bailability: The offense is non-bailable, implying that the accused does not have an automatic right to bail and must apply to the court for bail.
Triable by: Court of Session.
๐ Key Definitions
Depredation: This refers to acts of plunder, pillage, or violent destruction, typically involving the looting of property or causing harm to a foreign state's territory.(lawfyi.io)
Preparations to Commit Depredation: This includes any steps taken to organize or plan such acts, even if the actual depredation has not yet occurred.
๐งพ Illustrative Example
If an individual or group plans and organizes an attack on a neighboring country that is at peace with India, intending to loot resources or cause destruction, such actions would fall under the purview of Section 154 of the BNS, 2023. Even if the attack is thwarted before execution, the preparations themselves constitute an offense.(kanoongpt.in)
๐ Additional Information
International Relations: This section underscores India's commitment to maintaining peaceful and respectful relations with other nations, deterring any acts that could jeopardize diplomatic ties.
Deterrent Measures: The penalties prescribed aim to deter individuals from engaging in or planning acts of aggression against foreign states, thereby promoting international peace and security.
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