IPC Section 121 to 123 - Overview, Structure, Properties & Uses

Section 121 and 123 of IPC

Edited By Ritika Jonwal | Updated on Jul 02, 2025 05:45 PM IST

Sections 121 and 123 of the IPC in Criminal Law deal with the Offences against the state. Offences against the state include the Waging of war against the State. Waging is a serious crime in India. The provisions included in the IPC punish the offender who commits an offence which directly or indirectly hinders the sovereignty and integrity of a country. The government of India takes serious actions to prevent such actions which hinder the security of the state. Ensuring the safety of the entire state is the aim of these codes. Strict penalties, such as life in prison or the death sentence, can be applied to those who violate the state to protect the state's existence. offences against the government and the state with the intent to impede national unity, public order, and tranquillity.

This Story also Contains

Section 121 of IPC
Waging of War
History Aspects of the Provision.
Provisions of Waging of War Under IPC
Essentials of Waging of War Against the State
Waging War Against the Government of India
Punishment For Waging of War
Case Laws on Waging of War
Conclusion

Section 121 and 123 of IPC

Section 121 of IPC

According to Section 121 of IPC waging, attempting to wage, or encouraging the wage of war against the Indian government. Anyone who launches an offensive against the Indian government attempts to launch one, or assists in the launch of one faces the possibility of execution or life in prison, in addition to a fine.

This section covers a variety of strategies that could be used to wage war against the government. Here, "waging war" is attacking government forces and institutions with intent and coordination; this includes both foreign and Indian individuals.

Put another way, attempts to commit public crimes with the intent to carry out criminal purposes against the state are taken into consideration in this context; the motivation behind the act is given more weight than the use of force or murder because these actions disturb the peace, national unity, and public order. Anyone who undertakes or attempts to wage war against the Indian government faces the possibility of life in jail or execution, in addition to paying a fine.

Waging of War

Fighting a war is any endeavour to use force to achieve any kind of public goal. A conflict of this type is started when a group of individuals come together to revolt against the government and use force and violence to seize any kind of public property. The goal and intention are what matter in determining whether something is considered an offence against the State, not the use of force or murder.

History Aspects of the Provision.

It was the designers of the Code who deliberately utilized the word "wages war". By executing his duty of allegiance and positioning himself in open defiance of his sovereign in the same way that a foreign enemy would after gaining strength within the realm, the expressions seem to naturally suggest the raising of arms[2]. The expression alludes to traditionally fighting wars. In English law, "waging war" is equivalent to "levying war."

This clause's original version, which made it illegal to plan against the nation, was drafted in 1870. On the subject at hand, this was the primary reform. It is unlawful to demonstrate or conspire to use criminal force against the Government of India.

In contrast, section 107 defines abetment as taking part in a conspiracy with one or more individuals to carry out an act or illegal omission that occurs both in furtherance of the Criminal Conspiracy and to carry out that act. This section does not require that any act or illegal omission occur in furtherance of any such act or omission. Put another way, conspiracy in and of itself is not illegal, except for the offences listed in section 121A.

With the passage of the Criminal Law Amendment Act in 1913, the situation was altered. It approves a piece of emergency legislation that gives India's statute of conspiracy more authority.

Provisions of Waging of War Under IPC

Section 121 of IPC

According to Section 121 of the IPC, it is unlawful to fight, attempt to wage or assist in the waging of a war against the Indian government. This section outlines the harshest punishment possible for crimes like death or life in prison. Additionally, it stipulates that items used in the commission of such a crime may be forfeited.

Section 122 of IPC

The purchase of arms, ammunition, or other materials for use in combat with the Government of India is covered under Section 122 of the Indian Penal Code. According to this clause, the maximum punishment for such crimes is life in prison. The essentials given in this section are-

assemblage of soldiers, weapons, and ammo.
For such collection, there must be a purpose to wage war or to prepare to wage war.
Participation in the data collection is mandatory for the accused.
In this fight, the enemy must be the Indian government.

Section 123 of IPC

Section 123 of the Indian Penal Code deals with concealing the identity or whereabouts of an individual found guilty of a crime under Sections 121 or 122. This clause stipulates that there could be a fine, ten years in jail or both. The essentials given under Section 123 of IPC are-

A plan that is ready to launch an offensive against the Indian government must exist.
The purpose of the concealment should be to enable the struggle against the Indian government.
The person should be conscious of the concealed nature of the design.

Section 124 of IPC

Assaults against senior authorities, including the governor, President of India, and others, are covered by Section 124 of the IPC. To force or persuade the top authorities to use or refrain from exercising their official authority should be the aim of such an attack. This Section's components are:

The defendant ought to have physically attacked the Governor or the President of any State; or
the defendant ought to have unjustly restrained the Governor or the President; or
The defendant made an effort to harm the President or the Governor, or improperly restrain them; or
The accused makes an effort to use force or the appearance of force to coerce the President or the Governor into using or abstaining from using their official authority.

Section 125 of IPC

"Waging war against any Asian Power in alliance with the Government of India" is the subject of Section 125. The conduct of warfare against any Asian power is disapproved of in this section. In this case, the accused ought to have either started a war against the State, sought to start one, or assisted in starting one. The components of this section are-

There needs to be both an international influence and an Asian state.
This State ought not to be India.
Such a State ought to be allied with the Indian government or moving in tandem with it.

Section 126 of IPC

"Depredation on territories of Power at peace with the Government of India" is the subject of Section 126. Attacking is referred to as depredation. This section imposes a seven-year prison sentence and a fine as punishment. It is also possible for a property that was obtained or used in the commission of this offence to be forfeited. This Section's fundamentals are-

Depredation should have been perpetrated by the accused or planned by them.
Any territory held by a power that is at peace or in alliance with the Indian government must be used for the act.

Section 127 of IPC

"Receiving property taken by war or depredation as mentioned in Sections 125 and 126" is the subject of Section 127. This section imposes a seven-year prison sentence and a fine as punishment. The property has to be surrendered as well. This Section's fundamentals are:

There must have been property received by the accused.
The property must have been obtained by the accused either by depredating Indian territory or by fighting a war with a power that is at peace with the Indian government.

Essentials of Waging of War Against the State

Active Participation in Such offences of Waging

This element comprises actively engaging in, or making an effort to engage in, acts of war against the government. Terrorism includes actions like attacking government buildings or personnel, organizing and carrying out terrorist or insurrectionary acts, and preparing to wage war against the government.

Abetment

Aiding in the commission of an offence involving the making of war against the government includes encouraging, facilitating, or providing assistance in its execution. It may mean giving material or financial support, harbouring or concealing offenders, or taking part in the planning or execution of such an offence.

Gathering or Possessing Weapons and Ammunition

Acquisition, possession, or collection of guns, ammunition, or war materials to utilize them to carry out warfare against the government: This component comprises the acquisition, possession, or collection of arms, ammunition, or war materials.

Intentions to Commit war against the State

A clear intention to overthrow the government or undermine its security, sovereignty, or territorial integrity is included in the intention to wage war against it. It must be proven that the criminal did not merely do harm or engage in illegal activities but rather meant to wage war against the government.

Waging War Against the Government of India

Sections 121 through 123 of the Code deal with declaring war on the government of India. In this context, "Government of India" refers, in a much broader sense, to the Indian State, which derives its rights and authority from the consent and will of its population. Put otherwise, this phrase means that while though the State gets its authority from Public International Laws, the people of the area own the authority and it is used by the representative government.

The following are regarded as fundamental elements of the offences under Section 121 because they must be demonstrated for the act of waging war against the Indian government to constitute an offence. To constitute an offence of Waging of War against the state the offenders must have-

Waged War Against the State
Has attempted to Wage War
Has Abetted the Waging of War
Such waging must be Against the State

Punishment For Waging of War

The punishment provided under the Indian Penal Code 1860 for the Waging War against the Government will be punished for imprisonment for a lifetime or the Death Penalty. Fines also may be imposed in some circumstances.

Case Laws on Waging of War

In the case of Barendra Kumar Ghosh v. Emperor

In this case, According to the statement, Section 121 must be drafted in a distinctive yet uncomplicated manner such that, in the ordinary sense, its scope is not necessarily limited to overt acts like gathering troops, weapons, and ammunition. It is necessary to provide evidence that any public objective intended to weaken the authority of the sovereign was attempted to be accomplished through violence. There must have been a mass rebellion in addition to force.

In the case of Tara Singh v. State of Punjab

In this instance, the court ruled that section 124A was unconstitutional due to its infringement on the right to free speech and expression as protected by Article 19(1)(a). Accordingly, it was decided that Section 124A violates the Constitution to the hilt because it attempts to silence deeply negative opinions about the government. Many proposals have been made to amend section 124A to better align with the core principles of the constitution that protect the right to free speech.

Conclusion

This article talks about the waging of war as given under the Indian Penal Code 1860. Waging War is considered a serious crime in India. Section 121 to 123 of the Indian Penal Code 1860 deals with the waging of war against the state. In a waging of war when a person conspires or abets to commit any crime against the government which somehow disturbs the peace and prosperity of the state and hinders the sovereignty and integrity of the nation.

Frequently Asked Questions (FAQs)

1. What is section 121 to 124 IPC?

Section 121 covers crimes including treason and waging war against the government; Section 124 covers assaults on high-ranking officials like the governor or president.

2. What is one landmark case in Section 121 of IPC?

One famous case is Barendra Kumar Ghosh v. Ullaskar Dutt.

3. What is Section 125 of IPC?

Section 125 of the IPC describes Waging war against any Asian Power in alliance with the Government of India.

4. What is Section 124 of IPC?

The IPC's Section 124 addresses assaults against high officials

5. What is the meaning of Waging of War?

Waging war means such actions which disturb the sovereignty and integrity of a State.

6. Is criticizing the government on social media considered an offense under Section 121 or 123 IPC?

Generally, no. Mere criticism or expression of dissent is protected under freedom of speech. However, if such criticism involves inciting violence or rebellion against the state, it could potentially fall under these sections.

7. What does "concealing with intent to facilitate" mean in Section 123 IPC?

It means knowingly hiding information about plans to wage war against the government, with the intention of helping those plans succeed. This could include not reporting such plans to authorities when one becomes aware of them.

8. Can a person be charged under Section 121 IPC for peaceful protest against government policies?

No, peaceful protest is not considered "waging war" under Section 121. This section specifically deals with violent acts intended to overthrow the government, not peaceful expression of dissent or disagreement with policies.

9. How does Section 123 IPC differ from treason?

While both relate to acts against the state, Section 123 specifically deals with concealing information about plans to wage war. Treason, in a broader sense, can include various acts of disloyalty to the state, including but not limited to concealing such information.

10. Can digital attacks or cyber warfare be considered "waging war" under Section 121 IPC?

Potentially, yes. While the original law was written before the digital age, courts may interpret severe cyber attacks aimed at destabilizing the government or critical infrastructure as a form of waging war.

11. What is the difference between sedition and offenses under Section 121 IPC?

While both involve acts against the state, sedition (Section 124A IPC) deals with inciting disaffection, hatred, or contempt against the government. Section 121 specifically addresses violent acts or attempts to overthrow the government by force.

12. Is planning to wage war in the future considered an offense under Section 121 IPC?

Yes, conspiracy to wage war is also covered under Section 121. The offense doesn't require the war to have actually started; planning and preparation can be sufficient for charges.

13. Is joining a terrorist organization considered "waging war" under Section 121 IPC?

It can be, especially if the organization's goals include overthrowing the government. However, specific charges would depend on the individual's actions and the organization's activities.

14. Can speech or writing alone constitute an offense under Section 121 IPC?

Generally, speech or writing alone is not sufficient for Section 121, which requires actions or concrete plans. However, if speech or writing directly incites or organizes violent rebellion, it could potentially fall under this section.

15. What evidence is typically required to prove an offense under Section 121 IPC?

Evidence may include weapons, documents outlining plans, witness testimonies, intercepted communications, or any other proof demonstrating the intent and actions to wage war against the government.

16. Can a person be charged under Section 123 IPC for concealing information about a past attempt to wage war?

Generally, Section 123 is applied to ongoing or future plans. However, if concealing past attempts facilitates ongoing or future plans to wage war, it could potentially fall under this section.

17. How does the concept of "enemy alien" relate to offenses under Section 121 IPC?

While Section 121 applies to any person waging war against India, the concept of "enemy alien" might be relevant in wartime scenarios. However, the section itself doesn't distinguish based on the nationality or status of the offender.

18. How does Section 121 IPC differ from other sections dealing with offenses against the state?

Section 121 specifically deals with waging war, which is considered one of the most serious offenses against the state. Other sections may deal with less severe acts like sedition, disaffection, or other forms of anti-national activities.

19. How does the concept of sovereignty relate to offenses under Section 121 IPC?

Section 121 is fundamentally about protecting the sovereignty of India. Waging war against the government is seen as an attempt to undermine or overthrow the sovereign authority of the state.

20. Can financial support to organizations waging war against India be prosecuted under Section 121 or 123 IPC?

Yes, providing financial support to organizations actively waging war against India could be considered abetting the offense under Section 121, or concealing with intent to facilitate under Section 123, depending on the specific circumstances.

21. Can a person be charged under Section 121 IPC for supporting a separatist movement?

It depends on the nature of support. Peaceful advocacy for separation is generally protected speech. However, if the support involves violent actions or concrete plans to forcibly separate from India, it could fall under Section 121.

22. Can diplomatic or political negotiations with separatist groups be considered an offense under Section 121 or 123 IPC?

Generally, no. Official diplomatic or political negotiations, even with groups that have separatist goals, are not considered offenses if conducted within the framework of the constitution and law.

23. What is the punishment for offenses under Section 121 IPC?

The punishment for waging war against the Government of India under Section 121 is death, or imprisonment for life, along with a fine.

24. Can a person be charged under both Section 121 and Section 123 for the same incident?

Yes, it's possible. For example, if someone both participated in waging war and also concealed information about other aspects of the plan, they could potentially be charged under both sections.

25. Can a person be charged under Section 123 IPC if they were unaware that the information they concealed related to waging war?

No, Section 123 requires intent. If a person genuinely did not know that the information related to plans to wage war, they would not be guilty under this section.

26. How does Section 123 IPC relate to the concept of misprision of treason?

Section 123 is similar to the concept of misprision of treason in common law systems. Both involve the offense of concealing knowledge of treasonous activities against the state.

27. Can a person be charged under Section 121 or 123 IPC for actions committed outside India?

Yes, if the actions were directed against the Government of India. The Indian Penal Code can apply to offenses committed by Indian citizens outside India, or offenses targeting India committed by any person.

28. Can a corporation be charged under Sections 121 or 123 IPC?

While these sections typically apply to individuals, in theory, a corporation could be charged if it was found to be actively involved in or facilitating acts of waging war against India. However, practical application would be complex.

29. Can a person be charged under Section 121 IPC for inciting mutiny in the armed forces?

Yes, inciting mutiny in the armed forces with the intent to overthrow or challenge the government's authority could be considered an act of waging war under Section 121.

30. Can a person be charged under Section 121 IPC for symbolic acts of destroying national symbols?

Typically, no. Destroying national symbols, while potentially offensive and illegal under other laws, doesn't usually constitute waging war unless it's part of a larger violent campaign to overthrow the government.

31. Can diplomatic immunity protect a person from charges under Sections 121 or 123 IPC?

Diplomatic immunity generally protects diplomats from prosecution under host country laws. However, for serious offenses like waging war, the sending country might waive immunity, or India could declare the diplomat persona non grata and expel them.

32. What is the main difference between Section 121 and Section 123 of the Indian Penal Code?

Section 121 deals with waging war against the Government of India, which is a direct act of violence or rebellion. Section 123 covers concealing with intent to facilitate a design to wage war, which is an indirect support of such activities without necessarily participating in the actual violence.

33. What constitutes "waging war" under Section 121 IPC?

Waging war involves acts of violence or force with the intention to overthrow the government. It typically includes armed rebellion, organizing an army, or other forceful attempts to challenge the sovereignty of the state.

34. Can a foreign national be charged under Section 121 or 123 IPC?

Yes, these sections apply to any person who commits these offenses against the Government of India, regardless of their nationality.

35. Is attempting to wage war punishable under Section 121 IPC?

Yes, Section 121 covers not only the act of waging war but also attempting to wage war or abetting the waging of war against the Government of India.

36. How is "Government of India" defined in the context of these sections?

In this context, "Government of India" refers to the central government and its established authority. It includes the constitutional structure and sovereign power of the state, not just the current administration.

37. How do Sections 121 and 123 IPC relate to international law principles on state sovereignty?

These sections align with international law principles that recognize a state's right to protect its sovereignty. They criminalize actions that directly challenge the state's authority within its territory.

38. Can a person be charged under Section 121 IPC for attempting to overthrow a democratically elected government through undemocratic means?

Yes, if the attempt involves force or violence. Attempting to overthrow the government through undemocratic and forceful means, even if the government is unpopular, can be considered waging war under Section 121.

39. How does Section 121 IPC apply to cyber attacks on government infrastructure?

While the law predates cyber warfare, courts may interpret severe cyber attacks aimed at crippling government functions or critical infrastructure as a modern form of waging war, potentially falling under Section 121.

40. Can a person be charged under Section 121 IPC for participating in an armed rebellion against a state government?

Typically, Section 121 applies to actions against the central Government of India. However, if the rebellion aims to separate the state from India or overthrow the constitutional structure, it could potentially fall under this section.

41. Can a person be charged under Section 121 IPC for participating in a foreign war that indirectly affects India's interests?

Generally, no. Section 121 specifically deals with waging war against the Government of India. Participation in foreign conflicts, unless directly targeting India, would likely fall under different legal provisions.

42. What is the statute of limitations for offenses under Sections 121 and 123 IPC?

There is no statute of limitations for these offenses. They are considered serious crimes against the state and can be prosecuted at any time after the offense is committed.

43. How do courts interpret "intent" in cases related to Section 123 IPC?

Courts typically look for evidence that the accused knowingly concealed information and did so with the purpose of assisting those planning to wage war. This can be inferred from circumstances, communications, or actions of the accused.

44. What is the role of motive in prosecutions under Section 121 IPC?

While motive can be relevant in establishing intent, it's not a necessary element of the offense. The focus is on the actions and intentions to wage war, regardless of the underlying reasons.

45. Can a person be charged under Section 123 IPC for failing to report plans to wage war?

Yes, if they knowingly concealed the information with the intent to facilitate the plans. Mere failure to report without intent to facilitate might not be sufficient for charges under this section.

46. How do courts determine the severity of punishment under Section 121 IPC?

Courts consider factors such as the scale of the planned or executed attack, the potential or actual harm caused, the role of the accused in the conspiracy, and any mitigating circumstances.

47. How do Sections 121 and 123 IPC interact with constitutional rights like freedom of speech and expression?

While these sections limit certain actions, they don't override constitutional rights. Courts must balance national security concerns with fundamental rights, ensuring that legitimate dissent and criticism are protected.

48. How does the principle of extraterritoriality apply to offenses under Sections 121 and 123 IPC?

These sections can apply to actions committed outside India if they target the Indian government. This extraterritorial application is based on the protective principle in international law, allowing states to prosecute offenses that threaten their security.

49. How do courts interpret "facilitation" in the context of Section 123 IPC?

Facilitation is interpreted broadly and can include any action that makes the execution of plans to wage war easier or more likely to succeed. This could involve providing information, resources, or simply maintaining silence about known plans.

50. Can a person be charged under Section 123 IPC for concealing information about potential threats to national security that don't specifically involve waging war?

No, Section 123 specifically relates to concealing information about waging war. Other sections of the IPC or special acts may cover concealing other types of threats to national security.

51. How do courts differentiate between legitimate political opposition and offenses under Section 121 IPC?

Courts look for evidence of violent intent or actions aimed at overthrowing the government. Legitimate political opposition, even if strongly critical of the government, is protected under democratic principles and doesn't constitute waging war.

52. Can a person be charged under Section 123 IPC for concealing information about non-violent civil disobedience movements?

Generally, no. Section 123 specifically relates to concealing information about waging war. Non-violent civil disobedience, even if it challenges government policies, does not typically constitute waging war.

53. How do Sections 121 and 123 IPC interact with international extradition laws?

As serious offenses against the state, crimes under these sections are typically extraditable offenses in most extradition treaties. However, the specific process would depend on the laws of the countries involved and any applicable treaties.

54. How do courts interpret "concealing" in Section 123 IPC in the age of digital communication?

In the digital age, concealing could include actions like encrypting communications, using anonymous online platforms, or deliberately withholding digital evidence related to plans to wage war.

55. How does Section 121 IPC apply to non-state actors engaging in large-scale violence against the state?

Non-state actors engaging in large-scale violence with the intent to challenge state authority or control territory could be charged under Section 121, as their actions may be interpreted as waging war against the government.