Sections 121 to 130

THE INDIAN PENAL CODE, 1860

CONTENTS

CHAPTER-VI

OF OFFENCES
AGAINST THE STATE

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

121A. Conspiracy to commit offences punishable by section 121

122. Collecting arms, etc., with intention of waging war against the Government of India.

123. Concealing with intent to facilitate design to wage war

124. Assaulting President, Governor, etc., with intent to compel or restrain the exercise of any lawful power.

124A. Sedition

125. Waging war against any Asiatic Power in alliance with the Government of India

126. Committing
depredation on territories of Power at peace with the Government of India.

127. Receiving property taken by war on depredation mentioned in sections 125 and 126

128. Public servant voluntarily allowing prisoner of State or war to escape

129. Public servant negligently suffering such prisoner to escape

130. Aiding escape or, rescuing or harbouring such prisoner

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 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 ⁶[Government of India]. A has committed the offence defined in this section.

1. Subs. by the A.O.
1950, for “Queen”.

2. Subs. by Act 26 of
1955, sec.117 and sch., for “Transportation for life” (w.ef.1-1-1956).

3. Subs. by Act 16 of
1921, sec.2. for “and shall forfeit all his property”.

4. Subs. by Act 36 of
1957, sec.3 and sch. II, for “Illustrations”.

5. The brackets and
letter “a” omitted by Act 36 of 1957, sec.3 and sch. II.

6. Subs. by the A.O.
1950, for “Queen”.

¹[121A Conspiracy to
commit offences punishable by section 121: -

Whoever within or without ²[India] conspires to
commit any of the offences punishable by Section 121, ³[***] or conspires to overawe, by means of
criminal force or the show of criminal force, ⁴[the Central Government or any ⁵[State]
Government ⁶[***], shall be
punished with ⁷[imprisonment
for life], or with imprisonment of either description which may extend to ten years, ⁸[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 take place in pursuance thereof.]

1. Ins. by Act 27 of
1870, s. 4.

2. The words “British India”
have successively been subs. by the A.O. 1948, the A.O. 1950 and Act 3 of 1951,
s.3 and Sch. to read as above.

3. The words “or to
deprive the Queen of the sovereignty of the Provinces or of any part thereof’
omitted by the A.O. 1950.

4. Subs. by the A.O.
1937, for “the G. of I, of any L.G.”.

5. Subs. by the A.O.
1950, for “Provincial”.

6. The words “or the
Government of Burma” omitted by the A.O. 1948.

7. Subs. by the Act 26
of 1955, s. 117 and Sch., for “transportation for life or any shorter term”
(w.e.f. 1-1-1956).

8. Ins. by Act 16 of 1921, s. 3, for “and shall forfeit all his
property”.

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 ¹[Government of India], shall be punished
with ²[imprisonment for life]
or imprisonment of either description for a term not exceeding ten years, ³[and shall also be liable to fine].

1. Subs. by the
A.O.1950, for “Queen”.

2. Subs. by Act 26 of
1955, sec.117 and sch., for “Transportation for life or any shorter term”
(w.e.f. 1-1-1956).

3. Ins. by Act 16 of
1921, sec.3, for “and shall forfeit all his property”.

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 ¹[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.

1. Subs. by A.O. 1950,
for “Queen”.

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 ¹[President] of India, or the ²[Governor ³[* * *]] or any ⁴[State], ⁵[* * *] ⁶[* * *
] ⁷[* * *] to exercise or
refrain from exercising in any manner any of the lawful powers of such ⁸[President or ²[Governor ³[* * *]],

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 ⁸[President or ²[Governor ³[* * *]],

Shall be punished with
imprisonment of either description for a term which may extend to seven years,
and shall also be liable to fine.

1. Subs. by the A.O. 1950,
for “Governor General”.

2. Subs. by Act 3 of
1951, sec.3 and sch., for “Governor”.

3. The words “or
Rajpramukh” omitted by the A.O.1956.

4. Subs. by the
A.O.1950, for “Province” Which had been subs. by the A.O.1937, for
“Presidency”.

5. The words “or a
Lieutenant-Governor” omitted by the A.O.1937.

6. The words “or a
member of the Council of the Governor General of India” omitted by the A.O.
1948.

7. The words “or of the
Council of any Presidency” omitted by the A.O.1937.

8. The original words
“Governor General, Governor, Lieutenant-Governor or Member of Council” have
successively been amended by the A.O. 1937, the A.O.1948 and the A.O. 1950 to
read as above.

¹[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. ²[* * *] the Government established by law in ³[India], ⁴[* * *] shall be punished
with ⁵[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 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.

1. Subs. by Act 4 of
1898, s. 4, for the original s. 124A which had been ins. by Act 27 of 1870, s.
5.

2. The words “Her
Majesty or” omitted by the A.O. 1950. The words “or the Crown Representative
inserted after the word “Majesty” by the A.O. 1937 were omitted by the A.O.
1948.

3. The words “British
India” have successively been subs. by the A.O. 1948, the A.O.1950 and Act 3 of
1951, sec.3 and sch. to read as above.

4. The words “or
“British India” ins. by the A.O.1937 omitted by the A.O.1948.

5. Subs. by Act 26 of
1955, sec.117 and sch., for “Transportation for life or any shorter term”
(w.e.f.1-1-1956).

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 ¹[Government of India] or attempts to wage such war, or abets the waging of such war, shall be punished with ²[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.

1. Subs. by the A.O.
1950, for “Queen”.

2. Subs. by Act 26 of 1955, s. 117 and Sch., for “transportation
for life” (w.e.f. 1-1-1956).

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 ¹[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.

1. Subs. by the A.O.
1950, for “Queen”.

127. Receiving Property taken by war on depredation mention in Sections 125 and 126: -

whoever receives any property knowing the same to have been taken in the 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 voluntary 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 ¹[imprisonment
for life], or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

1. Subs. by Act 26 of 1955, see 117 and Sch., for “transportation
for life” (w.e.f. 1956).

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 ¹[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.

1. Subs. by Act 26 of
1955, sec.117 and sch., for “Transportation for life” (w.e.f.1-1- 1956).

2. The words “British
India” have successively been subs. by the A.O.1948, the A.O.1950 and Act 3 of
1951, sec.3 and sch. to read as above.

Posted in: Sections 121 to 130