CHAPTER VI OF OFFENCES AGAINST THE STATE

Section 123: Concealing with intent to facilitate design to wage war

Repealed by the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024.

Whoever, by any act, or by any illegal omission, conceals the existence of a design to wage war against the ¹[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.

Footnotes in the official text

1.Subs. by the A. O 1950, for “Queen”.

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

123. Concealing with intent to facilitate design to wage war.

BNS 150

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.

Practise questions on Criminal Law