CHAPTER VI, Section 121-130 of INDIAN PENAL CODE (IPC) – OFFENCES AGAINST THE STATE
121. Waging, or attempting to wage war, or abetting waging of war, against the Government of India.
Whoever, wages war against the Government of India, or attempts to wage such war, or abets the waging of such war, shall be punished with death, or imprisonment for life and shall also be liable to fine.
Illustration-
A joins an insurrection against the Government of India. A has committed the offence defined in this section.
CLASSIFICATION OF OFFENCE
Punishment—Death or imprisonment for life and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.
Must See Law Note: Classification of Offence as Per CrPC
121A. Conspiracy to commit offences punishable by section 121.
Whoever within or without India conspires to commit any of the offences punishable by section 121, or conspires to overawe, by means of criminal force or the show of criminal force, the Central Government or any State Government, shall be punished with imprisonment for life, or with imprisonment of either description which may extend to ten years, and shall also be liable to fine.
Explanation-
To constitute a conspiracy under this section, it is not necessary that any act or illegal omission shall make place in pursuance thereof.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for life, or imprisonment for 10 years and fine— Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.
122. Collecting arms, etc, with intention of waging war against the Government of India.
Whoever collects men, arms or ammunition or otherwise prepares to wage war with the intention of either waging or being prepared to wage war against the Government of India, shall be punished with imprisonment for life or imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for life, or imprisonment for 10 years and fine— Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.
123. Concealing with intent to facilitate design to wage war.
Whoever by any act, or by any illegal omission, conceals the existence of a design to wage war against the Government of India, intending by such concealment to facilitate, or knowing it to be likely that such concealment will facilitate, the waging of such war, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable— Triable by court of Session—Non-compoundable.
124. Assaulting President, Governor, etc., with intent to compel or restrain the exercise of any lawful power.
Whoever, with the intention of including or compelling the President of India, or the Governor of any State, to exercise or refrain from exercising in any manner any of the lawful powers of such President or Governor,
assault or wrongfully restrains, or attempts wrongfully to restrain, or overawes, by means of criminal force or the show of criminal force, or attempts so to overawe, such President or Governor,
shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable— Triable by Court of Session—Non-compoundable.
124A. Sedition.
Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law in India, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.
(You may also like to read this articleabout Sedition.)
Explanation 1-
The expression “disaffection” includes disloyalty and all feelings of enmity.
Explanation 2-
Comments expressing disapprobation of the measures of the Government with a view to obtain their alteration by lawful means, without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.
Explanation 3-
Comments expressing disapprobation of the administrative or other action of the Government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for life and fine, or imprisonment for 3 years and fine, or fine—Cognizable—Non-bailable—Triable by Court of Session—Non- compoundable.
COMMENTS
The offence of sedition under section 124A is the doing of certain acts which would bring the Government established by law in India into hatred or contempt, or create disaffection against it;
Bilal Ahmed Kaloo v. State of Andhra Pradesh, (1997) Supreme Today 127.
125. Waging war against any Asiatic Power in alliance with the Government of India.
Whoever wages war against the Government of any Asiatic Power in alliance or at peace with the Government of India or attempts to wage such war, or abets the waging of such war, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment of either description for a term which may extend to seven years, to which fine may be added, or with fine.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for life and fine, or imprisonment for 7 years and fine, or fine—Cognizable—Non-bailable—Triable by court of Session—Non-compoundable.
126. Committing depredation on territories of Power at peace with the Government of India.
Whoever commits depredation, or makes preparation to commit depredation, on the territories of any Power in alliance or 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.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 7 years and fine, and forfeiture of certain property—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.
127. Receiving property taken by war on depredation mentioned in sections 125 and 126.
Whoever receives any property knowing the same to have been taken in the commission of any of the offences mentioned in sections 125 and 126, 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 the property so received.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 7 years and fine, and forfeiture of certain property—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable
128. Public servant voluntarily allowing prisoner of State or war to escape.
Whoever, being a public servant and having the custody of any State prisoner or prisoner of war, voluntarily allows such prisoner to escape from any place in which such prisoner is confined, shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for life, or imprisonment for 10 years and fine— Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.
129. Public servant negligently suffering such prisoner to escape.
Whoever, being a public servant and having the custody of any State prisoner or prisoner of war, negligently suffers such prisoner to escape from any place ofconfinement in which such prisoner is confined, shall be punished with simple imprisonment for a term which may extend to three years, and shall also be liable to fine.
CLASSIFICATION OF OFFENCE
Punishment—Simple Imprisonment for 3 years and fine—Cognizable—Bailable— Triable by Magistrate of the first class—Non-compoundable.
130. Aiding escape of, rescuing or harbouring such prisoner.
Whoever knowingly aids or assists any State prisoner or prisoner of war in escaping from lawful custody, or rescues or attempts to rescue any such prisoner, or harbours or conceals any such prisoner who has escaped from lawful custody, or offers or attempts to offer any resistance to the recapture of such prisoner, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Explanation-
A State prisoner or prisoner of war, who is permitted to be at large on his parole within certain limits in India, is said to escape from lawful custody if he goes beyond the limits within which he is allowed to be at large.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for life, or imprisonment for 10 years and fine— Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.
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CHAPTER VII (131-140) of IPC – OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE
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WritingLaw » Indian Penal Code, 1860 » CHAPTER VI (121-130) of IPC – OFFENCES AGAINST THE STATE
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As a legal expert deeply versed in criminal law, especially the Indian Penal Code (IPC), I can provide comprehensive insights into the concepts discussed in CHAPTER VI, Section 121-130 of the IPC, focusing on offenses against the state. My expertise is grounded in a thorough understanding of legal nuances, precedents, and legislative intent.
Let's delve into the key concepts outlined in this chapter:
1. Section 121 - Waging war against the Government of India
This section deals with the act of waging war, attempting to wage war, or abetting the waging of war against the Government of India. The punishment includes death or imprisonment for life and a fine. The offense is non-bailable, cognizable, triable by the Court of Session, and non-compoundable.
2. Section 121A - Conspiracy to commit offenses under Section 121
This section addresses conspiracy to commit offenses punishable under Section 121. The punishment includes imprisonment for life or imprisonment for up to ten years, along with a fine. The offense is non-bailable, cognizable, triable by the Court of Session, and non-compoundable.
3. Section 122 - Collecting arms with the intention of waging war
This section pertains to the collection of men, arms, or ammunition with the intent to wage war against the Government of India. The punishment includes imprisonment for life or imprisonment for up to ten years, along with a fine. The offense is non-bailable, cognizable, triable by the Court of Session, and non-compoundable.
4. Section 123 - Concealing with intent to facilitate war
This section addresses the act of concealing a design to wage war against the Government of India, intending to facilitate such war. The punishment includes imprisonment for up to ten years and a fine. The offense is non-bailable, cognizable, triable by the Court of Session, and non-compoundable.
5. Section 124 - Assaulting President, Governor, etc., with intent to compel or restrain
This section deals with assaulting or wrongfully restraining the President of India or the Governor of any State with the intent to compel or restrain the exercise of lawful powers. The punishment includes imprisonment for up to seven years and a fine. The offense is non-bailable, cognizable, triable by the Court of Session, and non-compoundable.
6. Section 124A - Sedition
Sedition involves bringing the government into contempt or exciting disaffection. The punishment includes imprisonment for life, imprisonment for up to three years, or a fine. The offense is non-bailable, cognizable, triable by the Court of Session, and non-compoundable.
7. Sections 125-130
These sections cover offenses such as waging war against an Asiatic Power in alliance with India, committing depredation on territories at peace with India, receiving property taken by war, public servants allowing prisoners to escape, and aiding escape, rescuing, or harboring prisoners.
In summary, these sections collectively outline severe penalties for offenses against the state, reflecting the gravity with which the legal system views actions that threaten the security and stability of the government. The classifications, punishments, and procedural aspects demonstrate the meticulous legal framework established by the IPC in addressing such offenses.
