IPC 123 vs BNS 123 – Concealing or Aiding Waging War
Indian Penal Code (IPC)
Bhartiya Nyaya Sanhita (BNS)
Section: IPC 123
Concealing with intent to give aid to waging war
About IPC Section
Section 123 of the Indian Penal Code, 1860, deals with concealing with intent to give aid to waging war against the Government of India. This section focuses on individuals who provide assistance, resources, or shelter to those engaged in rebellion or war against the state, even if they are not directly participating in the combat.
Under IPC 123:
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Liability arises when a person knowingly aids those waging war against the government,
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Includes acts such as providing shelter, money, weapons, or logistical support,
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Punishment is strict, including life imprisonment or death, depending on the offense’s severity.
For example, hiding insurgents or supplying arms to rebels planning to overthrow the government constitutes an offense under IPC 123. The law ensures that even indirect support to waging war is severely punishable.
IPC 123 emphasizes national security and the prevention of rebellion, making it clear that all forms of aid to those waging war, whether direct or indirect, are punishable. This strengthens criminal law by deterring indirect support to acts threatening the sovereignty of the state.
Section: BNS 123
Concealing with intent to give aid to waging war
About BNS Section
Section 123 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 123, retaining the principle that concealing or providing aid to those waging war against the government constitutes a serious criminal offense.
Under BNS 123:
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Liability arises from knowingly assisting insurgents or rebels,
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Covers acts such as providing shelter, money, weapons, or logistical support,
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Punishment includes life imprisonment or death, depending on the severity.
For instance, supplying weapons or shelter to insurgents planning rebellion is punishable under BNS 123. The law ensures that indirect support to rebellion is legally accountable.
By retaining IPC 123’s principles, BNS 123 ensures protection of national security, emphasizing that all forms of aid to waging war against the government are punishable, thereby strengthening enforcement against activities threatening state sovereignty.