CHAPTER VI OF OFFENCES AGAINST THE STATE

Section 121: Waging or attempting to wage war or abetting waging of war against the Government of India

Repealed by the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024.

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 ¹[Government of India]. A has committed the offence defined in this section.

⁶* * * * *

Footnotes in the official text

1.Subs. by the A. O. 1950, for “Queen”.
2.Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation” (w.e.f. 1-1-1956).
3.Subs. by Act 16 of 1921, s. 2, for “and shall forfeit all his property”.
4.Subs. by Act 36 of 1957, s. 3 and the Second Sch., for “Illustrations”
5.The brackets and letter “(a)” omitted by s. 3 and the Second Sch., ibid.
6.Illustration (b) omitted, by the A. O. 1950.

Now in the BNS

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

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

BNS 147

Leading cases

State (NCT of Delhi) v. Navjot Sandhu (2005)In the Parliament attack case the Court held a POTA confession inadmissible against co-accused, upheld Mohd. Afzal's conviction and death sentence, convicted Shaukat only under Section 123 IPC, and upheld the acquittals of S.A.R. Gilani and Afsan Guru.

Questions on this section

2 questions in 4 of our papers cite Section 121. Try these from the free papers:

1. Under Section 147 BNS, whoever wages war against the Government of India, or attempts to wage such war, or abets the waging of such war, shall be punished with

Practise questions on Criminal Law