Section 125 IPC - Waging War Against an Asiatic Power
Section 125 of the Indian Penal Code, 1860 punished waging war, attempting to wage war, or abetting the waging of war against the Government of an Asiatic Power that was in alliance or at peace with the Government of India.
Section 125 IPC: statutory provision explained
Section 125 applied to a person who waged war against the Government of any Asiatic Power in alliance or at peace with the Government of India, attempted to wage such war, or abetted the waging of such war. The prescribed punishment was imprisonment for life, to which fine could be added; or imprisonment of either description for a term which could extend to seven years, to which fine could be added; or fine.
Essential ingredients of Section 125 IPC
The provision covered three forms of prohibited conduct directed against the Government of the relevant Asiatic Power:
- Waging war against that Government.
- Attempting to wage such war.
- Abetting the waging of such war.
- The Government against which the conduct was directed had to be that of an Asiatic Power in alliance or at peace with the Government of India.
Meaning of "waging war" in the IPC context
Section 125 used the expression "wages war" rather than creating a general offence for every act of violence committed abroad. In the IPC scheme, the expression was associated with offences against the State and had to be understood in its legal context. Whether particular conduct amounted to waging war depended on the nature, object and circumstances of the acts alleged and the evidence establishing the statutory offence.
Attempt to wage war
The section expressly made an attempt to wage such war punishable. An attempt is distinct from mere preparation: criminal liability for an attempt ordinarily requires conduct that has moved beyond preparation towards commission of the offence. The facts must therefore establish the legally necessary connection between the acts proved and the prohibited objective.
Abetment under the IPC
Section 125 also expressly punished abetment of the waging of such war. Under Section 107 IPC, abetment could arise through instigation, conspiracy accompanied by the act or illegal omission required by that provision, or intentional aid by an act or illegal omission. The general provisions on abetment therefore helped explain the expression "abets the waging of such war" used in Section 125.
Punishment and CrPC classification
| Particular | Section 125 IPC position |
|---|---|
| Punishment | Imprisonment for life and possible fine; or imprisonment of either description up to seven years and possible fine; or fine |
| Cognizability | Cognizable |
| Bail classification | Non-bailable |
| Court competent to try | Court of Session |
| Compounding | Non-compoundable |
Relationship with Sections 121 to 127 IPC
Section 121 IPC dealt with waging, attempting to wage, or abetting war against the Government of India. Section 121A IPC dealt with specified conspiracies; Section 122 IPC addressed collecting arms or otherwise preparing to wage war with the required intention; and Section 123 IPC addressed concealment of a design to wage war. Section 125 differed by addressing war against the Government of an Asiatic Power in alliance or at peace with India. Section 126 IPC dealt with depredation on territories of a Power in alliance or at peace with India, while Section 127 IPC dealt with receiving property taken by war or depredation mentioned in Sections 125 and 126.
Legislative history retained from Section 125 IPC
The original reference to the "Queen" was substituted by "Government of India" by the Adaptation of Laws Order, 1950. The earlier punishment of "transportation for life" was replaced by "imprisonment for life" by Act 26 of 1955, Section 117 and the Schedule, with effect from 1 January 1956.
Corresponding position under BNS 2023
From 1 July 2024, Section 153 of the Bharatiya Nyaya Sanhita, 2023 deals with waging war against the Government of any foreign State at peace with the Government of India. The newer provision therefore uses the broader and modern expression "Government of any foreign State at peace with the Government of India" instead of the IPC expression concerning an "Asiatic Power in alliance or at peace." This article remains focused on Section 125 IPC and the law applicable before BNS implementation.
This page provides general information on the statutory position under the Indian Penal Code, 1860 before BNS implementation and is not a substitute for legal advice on particular facts.