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

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INDIAN PENAL CODE,1860

SECTION 121 WAGING, OR ATTEMPTING TO WAGE WAR, OR ABETTING WAGING OF WAR, AGAINST THE GOVERNMENT OF INDIA

Under section 121 of Indian Penal Code,1860, anyone who wages war against the Government of India, or attempts to wage war, or abets the waging of such war, shall be punished with death, or imprisonment for life and shall also be liable to fine.[1]

It is a cognizable and non-bailable offence, triable by Court of Session.

It is covered under CHAPTER VI of INDIAN PENAL CODE,1860 which contains SECTIONS OF OFFENCES AGAINST THE STATE.

PUNISHMENT

Death or imprisonment for life and fine.

CASE LAW

Mohd. Waris vs State on 5 August 2019

Allahabad High Court

Appeal has been filed against the order of Additional District and Sessions Judge under sections 121,121A,122,123 of IPC, under sections 13 and 14 of Foreigners Act,1946 under section 3 of Passport Act, 1967 and under section 25/27 of Arms Act,1959 against his conviction. A search was carried out at the house of accused appellant Ashfaq to verify whether or not any foreigner was residing there, since he had received an information. There they found two persons, one of whom was Ashfaq another was Mohd. Raja. When they were asked about their relation they got confused and could not tell anything. When he was interrogated again he told his name as Waris, resident of Pakistan. Accused appellant told police that Waris was tempting him with money and pressurizing for preparing forged passport. On being interrogated, they admitted in their possession foreign made hand grenades, pistols etc.

Learned counsel for accused appellants in both appeals has confined his challenge to the judgement in appeals only on the ground that prosecution and trial of appellants under sections 121,121A,122 and 123 IPC is patently illegal and without jurisdiction, since no sanction under section 196(1) C.r.P.C was obtained either from the Central Government or the State Government at any stage. He contended that there was complete bar in taking cognizance of the offences mentioned in Chapter VI I.P.C , if prior sanction from Central Government or State Government is not obtained.

In these circumstances, we have no option but to set aside impugned judgement of Court below, insofar as, appellants have been convicted and sentenced under Sections 121,121A,122, and 123 I.P.C is set aside. These appeals are being decided on limited legal issue, i.e consequence of, absence of sanction under section 196(1) C.r.P.C. indiankanoon.org/doc/66688216/



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  1. indiankanoon.org