Indian Penal Code, 1860

Chapter -6

OF OFFENCES AGAINST THE STATE

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Section 121

Waging, or attempting to wage war, or abetting waging of war, against the Government of India

Whoever wages war against the ¹[Government of India], or attempts to wage such war, or abets the waging of such war, shall be punished with death, or ²[imprisonment for life] ³[and shall also be liable to fine].

⁴[Illustration]

⁵***A joins an insurrection against the ¹[Government of India]. A has committed the offence defined in this section.

⁶* * * * *

COMMENTS

Waging war against Government of India - Intent of foreign enemy:

In "Waging war", the intent of the foreign enemy is not only to disturb public peace or law and order or to kill people. A foreign enemy strikes at the sovereignty of the State, and his conspiracy and actions are motivated by that animus; Mohammed Ajmal Mohammad Amir Kasab vs. State of Maharashtra, AIR 2012 SC 3565: (2012) 9 SCC 1: 2012 (8) JT 4: 2012 (7) SCALE 553: 2012 Cr LJ 4770.

Footnote

Subs. by the A.O. 1950, for "Queen".
Subs. by 26 of 1955, s. 117 and the Sch., "for transportation for life" (w.e.f. 1-1-1956).
Subs. by Act 16 of 1921, s. 2, for "and shall forfeit all his property".
Subs. by Act 36 of 1957, s. 3 and the Second Sch., for "Illustrations"
The brackets and letter "(a)" omitted by s. 3 and the Second Sch., ibid.
Illustration (b) omitted, by the A. O. 1950.

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