IPC
- Indian Penal Code
CHAPTER VI : OF 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 53[Government of India], or attempts to wage such war, or abets the
waging of such war, shall be punished with death, or 51[imprisonment for
life] 54[and shall also be liable to fine].
11[Illustration]
12[***] A joins an insurrection
against the 53[Government of India]. A has committed the offence defined
in this section.
55[***]
56[121A. Conspiracy to commit offences punishable by section 121
Whoever within or without
49[India] conspires to commit any of the offences punishable by section
121, 57[***]or conspires to overawe, by means of criminal force or the
show of criminal force, 58[the Central Government or any 59[State] Government
60[***], shall be punished with 61[imprisonment for life], or with imprisonment
of either description which may extend to ten years, 62[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.]
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
53[Government of India], shall be punished with 61[imprisonment for life]
or imprisonment of either description for a term not exceeding ten years,
62[and shall also be liable to fine].
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 53[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.
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 63[President] of India,
or the 64[Governor 65[***]] of any 66[State], 67[***] 68[***] 69[***]
to exercise or refrain from exercising in any manner any of the lawful
powers of such 70[President] or 64[Governor 65[***]]
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 70[President
or 64[Governor 65[***]]
shall be
punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine.
71[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, 72[***] the Government
established by law in 2[India], 73[***] shall be punished with 61[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.
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.
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 53[Government of India] or attempts to wage such war, or
abets the waging of such war, shall be punished with 51[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.
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 53[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.
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.
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 51[imprisonment
for life], or imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine.
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 of confinement 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.
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 51[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 2[India], is said to escape from lawful
custody if he goes beyond the limits within which he is allowed to be
at large. |
