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THE INDIAN PENAL CODE, 1860

Title : THE INDIAN PENAL CODE, 1860

Year : 1860



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.

7 [***]

121A - 8*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[***] conspires to overawe, by means of criminal force or the show of criminal force,11*[the Central Government or any12*[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 make place in pursuance thereof.]

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1. Substituted by Act  A.O. 1950, for "Queen".

2. Substituted by Act 26 of 1955, section 117 and Schedule, for "transportation for life" (w.e.f. 1-1-1956).

3. Substituted by Act 16 of 1921, section 2, for "and shall forfeit all his property".

4. Substituted by Act 36 of 1957, section 3 and Schedule II, for "Illustrations" (w.e.f. 17-9-1957).

5. The brackets and letter "(a)" omitted by Act 36 of 1957, section 3 and Schedule II (w.e.f. 17-9-1957).

6. Substituted by the A.O. 1950, for "Queen".

7. Illustration (b) omitted by the A.O. 1950.

8. Inserted by Act 27 of 1870, section 4.

9. The words "British India" have successively been Substituted by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, section 3 and Schedule to read as above.

10. The words "or to deprive the Queen of the sovereignty of the Provinces or of any part there of" omitted by the A.O. 1950

11. Substituted by the A.O. 1937, for "the Government of India" or any "Local Government".

12. Substituted by the A.O. 1950, for "Provincial".

13. The words "or the Government of Burma" omitted by the A.O. 1948.

14. Substituted by Act 26 of 1955, section 117 and Schedule, for "transportation for life or any shorter term" (w.e.f. 1-1-1956).

15. Substituted by act 16 of 1921, section 3, for "and shall forfeit all his property".

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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].

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1. Substituted by the A.O. 1950, for "Queen".

2. Substituted by Act 26 of 1955, section 117 and Schedule, for "Transportation for life" (w.e.f. 1-1-1956).

3. Substituted by Act 16 of 1921, section 3, for "and shall forfeit all his property".

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Whoever by any act, or by any illegal omission, conceals the existence of a design to wage war against the1*[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.

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1. Substituted by the A.O. 1950, for "Queen".

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Whoever, with the intention of including or compelling the 1* [President] of India, or the 2 [Governor 3 [***]] of 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.

124A - 9*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,10[***] the Government established by law in11[India],12[***] shall be punished with13*[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.

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1. Substituted by the A.O. 1950, for "Governor General".

2. Substituted by Act 3 of 1951, section 3 and Schedule, for "Governor".

3. The words "or Rajpramukh" omitted by the A.O. 1956,

4. Substituted by the A.O. 1950, for "Province" which had been Substituted 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 successfully been amended by the A.O. 1937, the A.O. 1948 and the A.O. 1950 to read as above.

9. Substituted by Act 4 of 1898, section 4, for the section 124A which had been Inserted by Act 27 of 1870, section 5.

10. 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.

11. The words "British India" have successively been Substituted by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, section 3 and Schedule to read as above.

12. The words "or British Burma" Inserted by the A.O. 1937 omitted by the A.O. 1948.

13. Substituted by Act 26 of 1955, section 117 and Schedule, for "transportation for life or any shorter term" (w.e.f. 1-1-1956).

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Whoever wages war against the Government of any Asiatic Power in alliance or at peace with the1*[Government of India] or attempts to wage such war, or abets the waging of such war, shall be punished with2*[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.

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1. Substituted by the A.O. 1950, for "Queen".

2. Substituted by Act 26 of 1955, section 117 and Schedule, for "transportation for life" (w.e.f. 1-1-1956).

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Whoever commits depredation, or makes preparation to commit depredation, on the territories of any Power in alliance or at peace with the1*[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.

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1. Substituted by the A.O. 1950, for "Queen".

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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 properly so received.



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 with1*[imprisonment for life], or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

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1. Substituted by Act 26 of 1955, section 117 and Schedule, for "transportation for life" (w.e.f. 1-1-1956).

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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.
 


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 with1*[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.

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1. Substituted by Act 26 of 1955, section 117 and Schedule, for "transportation for life" (w.e.f. 1-1-1956).

2. The words "British India" have successively been Substituted by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, section 3 and Schedule to read as above

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Last updated on August, 2016

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