Offences Against the State & Public Tranquillity — KSLU Bns Notes
Offences Against the State & Public Tranquillity
Offences against the State (Ss.147–158) protect the very existence and security of the nation: waging or attempting to wage war against the Government of India (S.147), collecting arms with intent to wage war (S.149), and — replacing the old “sedition” — S.152, which penalises acts endangering the sovereignty, unity and integrity of India (exciting secession, armed rebellion or subversive activities). The BNS also introduces a statutory definition of a terrorist act (S.113), with the choice between proceeding under the BNS or the UA(P)A vested in a senior police officer.
Offences against public tranquillity turn on collective disorder:
| Offence | Section | Essence |
|---|---|---|
| Unlawful assembly | S.189 | Five or more persons with a common object to use force / commit an offence |
| Rioting | S.191 | Use of force or violence by an unlawful assembly |
| Affray | S.194 | Two or more persons fighting in a public place, disturbing the public peace |
Under unlawful assembly, every member is constructively liable for an offence committed in prosecution of the common object (the old S.149) — liability attaches by membership, not by the individual blow.