IPC 125 → BNS 153: Waging War (Asiatic Power)

Quick Summary: IPC 125 vs BNS 153

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 125 (Waging War (Asiatic Power)) sits among the IPC's offences against the State and the armed forces — the group the Bharatiya Nyaya Sanhita redrew more heavily than almost any other. Renumbered as BNS 153, the conduct is recast around the sovereignty, unity and integrity of India, with the colonial sedition offence replaced by a distinct provision targeting acts that endanger the nation, so waging war (asiatic power) must now be read through the new framework rather than the repealed IPC 125.

What did IPC 125 cover?

IPC 125 dealt with waging war (asiatic power) — waging war against any asiatic power in alliance with the government of india. Until 30 June 2024, every FIR and criminal trial for this offence was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 153: What changed in the new law?

No major change. From 1 July 2024, new complaints relating to waging war (asiatic power) are filed under BNS Section 153, while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 153

Same - Life or up to 7 years

Practical implications for advocates, police & citizens

• Advocates: Charges for waging war (asiatic power) in this group are grave, typically non-bailable Sessions matters — confirm the required prior sanction and frame them under BNS 153 rather than the repealed IPC 125.
• Police officers: Route a waging war (asiatic power) investigation through the prescribed sanctioning authority and cite BNS 153 in the FIR; procedure follows the BNSS.
• Law students & citizens: Because waging war (asiatic power) in this group carries severe punishment, never rely on the old IPC 125 number when checking your position under the new law.