IPC Sections 121-130: Offences Against the State, Punishment and Classification

Chapter VI of the Indian Penal Code, 1860 dealt with offences against the State. Sections 121-130 covered waging war against the Government of India, conspiracy and preparation to wage war, specified conduct involving the President or Governor, the former offence of sedition, offences involving friendly foreign powers, and escape or rescue of State prisoners and prisoners of war.

Applicable-law note: This article explains the IPC and CrPC position before the Bharatiya Nyaya Sanhita, 2023 and Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024. It is intended for matters in which the earlier law remains relevant.

Section 121 IPC - Waging, attempting or abetting war against Government of India

Section 121 applied to a person who waged war against the Government of India, attempted to wage such war, or abetted the waging of such war. The prescribed punishment was death or imprisonment for life, together with liability to fine.

The statutory illustration treated joining an insurrection against the Government of India as an offence under the section.

Section 121A IPC - Conspiracy to commit offences punishable by Section 121

Section 121A covered a conspiracy, within or outside India, to commit an offence punishable under Section 121, as well as a conspiracy to overawe the Central Government or a State Government by means of criminal force or the show of criminal force.

The Explanation expressly provided that an act or illegal omission in pursuance of the conspiracy was not necessary to constitute a conspiracy under this section. Punishment was imprisonment for life, or imprisonment of either description up to ten years, together with liability to fine.

Section 122 IPC - Collecting men, arms or ammunition to wage war

Section 122 punished a person who collected men, arms or ammunition, or otherwise prepared to wage war, with the intention of waging or being prepared to wage war against the Government of India. Punishment was imprisonment for life or imprisonment of either description up to ten years, together with liability to fine.

Section 123 IPC - Concealing a design to wage war

Section 123 applied where a person, by an act or illegal omission, concealed the existence of a design to wage war against the Government of India, intending thereby to facilitate, or knowing it to be likely that the concealment would facilitate, the waging of such war. Punishment could extend to ten years' imprisonment of either description, with fine.

Section 124 IPC - Assaulting President or Governor to compel or restrain lawful power

Section 124 addressed specified coercive conduct against the President of India or the Governor of a State. It covered assault, wrongful restraint or attempted wrongful restraint, and overawing or attempting to overawe by criminal force or show of criminal force, when done with the intention of inducing or compelling the President or Governor to exercise, or refrain from exercising, a lawful power in a particular manner.

Punishment could extend to seven years' imprisonment of either description, with fine.

Section 124A IPC - Sedition: statutory provision and pre-BNS enforcement position

Section 124A, as it stood in the IPC, dealt with words, signs, visible representations or other conduct that brought or attempted to bring into hatred or contempt, or excited or attempted to excite disaffection towards the Government established by law in India. Its statutory explanations addressed the meaning of disaffection and protected specified forms of lawful disapprobation that did not excite or attempt to excite hatred, contempt or disaffection.

The statutory punishment was imprisonment for life to which fine could be added, or imprisonment up to three years to which fine could be added, or fine.

Important position before 1 July 2024: On 11 May 2022, the Supreme Court in S.G. Vombatkere v. Union of India directed that pending trials, appeals and proceedings concerning a charge under Section 124A be kept in abeyance. It also expressed the expectation that the Central and State Governments would refrain from registering FIRs, continuing investigations or taking coercive measures by invoking Section 124A while the provision was under reconsideration. Accordingly, the bare statutory classification shown below should not be read as describing unrestricted enforcement of Section 124A during that period.

Section 125 IPC - Waging war against an Asiatic power in alliance or at peace with India

Section 125 covered waging war against the Government of an Asiatic power in alliance or at peace with the Government of India, attempting to wage such war, or abetting its waging. Punishment was imprisonment for life with fine, imprisonment of either description up to seven years with fine, or fine.

Section 126 IPC - Depredation on territory of a power at peace with India

Section 126 punished committing depredation, or making preparations to commit depredation, on the territories of a power in alliance or at peace with the Government of India. Punishment could extend to seven years' imprisonment of either description and fine, with forfeiture of property used or intended to be used in committing the depredation and property acquired by it.

Section 127 IPC - Receiving property taken by war or depredation

Section 127 applied to receiving property with knowledge that it had been taken in the commission of an offence under Section 125 or Section 126. Punishment could extend to seven years' imprisonment of either description and fine, and the property so received was liable to forfeiture.

Section 128 IPC - Public servant voluntarily allowing State prisoner or prisoner of war to escape

Section 128 applied to a public servant having custody of a State prisoner or prisoner of war who voluntarily allowed that prisoner to escape from a place of confinement. Punishment was imprisonment for life or imprisonment of either description up to ten years, with fine.

Section 129 IPC - Public servant negligently allowing such prisoner to escape

Section 129 addressed negligent, rather than voluntary, escape. A public servant having custody of a State prisoner or prisoner of war who negligently suffered that prisoner to escape could be punished with simple imprisonment up to three years and fine.

Section 130 IPC - Aiding escape, rescue or harbouring of State prisoner or prisoner of war

Section 130 covered knowingly aiding or assisting a State prisoner or prisoner of war to escape from lawful custody; rescuing or attempting to rescue such a prisoner; harbouring or concealing such a prisoner after escape; and offering or attempting resistance to recapture. Punishment was imprisonment for life or imprisonment of either description up to ten years, with fine.

Classification of offences under IPC Sections 121-130

The First Schedule to the Code of Criminal Procedure, 1973 supplied the procedural classification of these IPC offences. The table reproduces the pre-BNSS classification in concise form.

Chapter VI - Offences Against the State: pre-BNS and pre-BNSS classification
Section	Offence	Punishment	Cognizability	Bail	Court
121	Waging, attempting or abetting war against Government of India	Death or life imprisonment and fine	Cognizable	Non-bailable	Court of Session
121A	Conspiracy to commit specified offences against the State	Life imprisonment, or imprisonment up to 10 years and fine	Cognizable	Non-bailable	Court of Session
122	Collecting arms etc. with intention of waging war	Life imprisonment, or imprisonment up to 10 years and fine	Cognizable	Non-bailable	Court of Session
123	Concealing with intent to facilitate design to wage war	Imprisonment up to 10 years and fine	Cognizable	Non-bailable	Court of Session
124	Assaulting President or Governor with specified coercive intent	Imprisonment up to 7 years and fine	Cognizable	Non-bailable	Court of Session
124A	Sedition - historical statutory entry; see Supreme Court note above	Life imprisonment and fine, or imprisonment up to 3 years and fine, or fine	Cognizable*	Non-bailable*	Court of Session*
125	Waging war against specified Asiatic power, or abetting it	Life imprisonment and fine, or imprisonment up to 7 years and fine, or fine	Cognizable	Non-bailable	Court of Session
126	Depredation on territory of specified power	Imprisonment up to 7 years and fine, with specified forfeiture	Cognizable	Non-bailable	Court of Session
127	Receiving property taken by war or depredation under Sections 125-126	Imprisonment up to 7 years and fine, with specified forfeiture	Cognizable	Non-bailable	Court of Session
128	Public servant voluntarily allowing State prisoner or prisoner of war to escape	Life imprisonment, or imprisonment up to 10 years and fine	Cognizable	Non-bailable	Court of Session
129	Public servant negligently allowing such prisoner to escape	Simple imprisonment up to 3 years and fine	Cognizable	Bailable	Magistrate of the first class
130	Aiding escape, rescue or harbouring such prisoner, or resisting recapture	Life imprisonment, or imprisonment up to 10 years and fine	Cognizable	Non-bailable	Court of Session

*Section 124A row states the CrPC First Schedule classification of the statutory offence. Its practical enforcement before 1 July 2024 was subject to the Supreme Court's interim directions described above.

Reading Chapter VI in an IPC-era case

The precise section depends on the alleged conduct and mental element. Sections 121-123 concern war against the Government of India and connected conspiracy, preparation or concealment; Section 124 concerns coercive conduct directed at the President or a Governor; Section 124A historically dealt with sedition; Sections 125-127 concern specified conduct involving powers in alliance or at peace with India; and Sections 128-130 concern State prisoners and prisoners of war.

For procedure, the relevant IPC provision should be read with the Code of Criminal Procedure, 1973, including its First Schedule and any applicable requirement concerning sanction or cognizance.