IPC 122 vs BNS 122
● Retained in BNSConcealing with intent to facilitate waging war
Section 122 of the Indian Penal Code, 1860, deals with concealing with the intent to facilitate waging war against the Government of India. This section criminalizes any act of hiding information, resources, or persons that aid in rebellion or war against the government.
Under IPC 122:
-
Liability arises when a person knowingly conceals plans, resources, or persons aiding in waging war,
-
Includes acts such as providing shelter, hiding weapons, or concealing conspirators,
-
Punishment is severe, including imprisonment or death, depending on the gravity of the offense.
For example, if someone hides weapons or insurgents planning a rebellion against the government, they can be prosecuted under IPC 122. The law ensures that supporting acts indirectly contributing to rebellion are punishable.
IPC 122 emphasizes national security and prevention of rebellion, ensuring that all acts facilitating war against the state, even indirectly, are subject to strict legal consequences. It strengthens the legal framework to deter individuals from aiding subversive activities.
Concealing with intent to facilitate waging war
Section 122 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 122, retaining the principle that concealing information or resources to facilitate waging war against the government is a criminal offense.
Under BNS 122:
-
Liability arises from knowledgeable concealment aiding rebellion,
-
Includes hiding weapons, plans, or persons involved in waging war,
-
Punishment includes life imprisonment or death, depending on the offense’s severity.
For instance, providing shelter to insurgents or concealing arms for a planned rebellion falls under BNS 122. The law ensures that indirect acts supporting rebellion are legally punishable.
By retaining IPC 122’s principles, BNS 122 ensures protection of national security, emphasizing that even acts of concealment intended to facilitate waging war against the government are punishable, strengthening the enforcement of criminal law against subversive activities.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 122 to BNS BNS 122.