THE INDIAN PENAL CODE
ACT NO. 45 OF 1860
CHAPTER VI
OF OFFENCES AGAINSTTHE STATE
- 121.Waging, or attempting to wage war, or abetting waging of war, against the Government of
India.—Whoever wages war against the 2[Government of India], or attempts to wage such war, or abets
the waging of such war, shall be punished with death, or 3[imprisonment for life] 4[and shall also be liable
to fine
Illustration
A joins an insurrection against the 2[Government of India]. A has committed the offence defined in this section 7- 121A. Conspiracy to commit offences punishable by section 121.—Whoever within or without 9[India] conspires to commit any of the offences punishable by section 121, 10 or conspires to overawe, by means of criminal force or the show of criminal force, 11[the Central Government or any State Government 13], shall be punished with 14[imprisonment for life], or with imprisonment of either description which may extend to ten years, 15[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.] - 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 2[Government of India], shall be punished with
imprisonment for life] or imprisonment of either description for a term not exceeding ten years, 2[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 3[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 inducing or compelling the 4[President] of India, or
Governor 6] of any 7[State], 8 9* 10* to exercise or refrain from exercising in any manner any
any of the lawful powers of such 11[President or 5[Governor 6, assaults 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 11[President or 5[Governor 6]], shall be punished with imprisonment of either description for a term which may extend to seven
years, and shall also be liable to fine.
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, 13* the Government established by law in 14[India], 15* shall be punished
with 16[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
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. - Whoever commits depredation, or makes preparations 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. - 127.Receiving property taken by war or 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
[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
[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 3[India], is said to escape from lawful custody if he goes beyond the limits within
which he is allowed to be at large.