[i][Chapter V-A
CRIMINAL CONSPIRACY
120-A. Definition of criminal conspiracy.
120-A. Definition of criminal conspiracy.—When two or more persons agree to do, or cause to be done,—
(1) an illegal act, or
(2) an act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy:
Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof.
Explanation.—It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object.
120-B. Punishment of criminal conspiracy.
120-B. Punishment of criminal conspiracy.—(1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death, [ii][imprisonment for life] or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence.
(2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment of either description for a term not exceeding six months, or with fine or with both.]
Chapter VI
OF OFFENCES AGAINST THE STATE
121. Waging, or attempting to wage war, or abetting waging of war, against the Government of India.
121. Waging, or attempting to wage war, or abetting waging of war, against the Government of India.—Whoever wages war against the [iii][Government of India], or attempts to wage such war, or abets the waging of such war, shall be punished with death, or [iv][imprisonment for life], [v][and shall also be liable to fine].
[vi][Illustration]
(a) A joins an insurrection against the [vii][Government of India]. A has committed the offence defined in this section.
(b) [viii][* * *]
121-A. Conspiracy to commit offences punishable by Section 121.
[ix][121-A. Conspiracy to commit offences punishable by Section 121.—Whoever within or without [x][India] conspires to commit any of the offences punishable by Section 121, [xi][* * *] or conspires to overawe, by means of criminal force or the show of criminal force, [xii][the Central Government or any [xiii][State] Government [xiv][* * *]], shall be punished with [xv][imprisonment for life], or with imprisonment of either description which may extend to ten years, [xvi][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 take place in pursuance thereof.]
122. Collecting arms, etc., with intention of waging war against the Government of India.
122. Collecting arms, etc., with intention of waging war against the Government of India.—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 [xvii][Government of India], shall be punished with [xviii][imprisonment for life] or imprisonment of either description for a term not exceeding ten years, [xix][and shall also be liable to fine].
123. Concealing with intent to facilitate design to wage war.
123. Concealing with intent to facilitate design to wage war.—Whoever by any act, or by any illegal omission, conceals the existence of a design to wage war against the [xx][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.
124. Assaulting President, Governor, etc., with intent to compel or restrain the exercise of any lawful power.
124. Assaulting President, Governor, etc., with intent to compel or restrain the exercise of any lawful power.—Whoever, with the intention of inducing or compelling the [xxi][President] of India, or the [xxii][Governor [xxiii][* * *]] of any [xxiv][State], [xxv][* * *] [xxvi][* * *] [xxvii][* * *] to exercise or refrain from exercising in any manner any of the lawful powers of such [xxviii][President or [xxix][Governor [xxx][* * *]]],
assaults 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 [xxxi][President or [xxxii][Governor [xxxiii][* * *]]],
shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
124-A. Sedition.
[xxxiv][124-A. 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, [xxxv][* * *] the Government established by law in [xxxvi][India], [xxxvii][* * *] shall be punished with [xxxviii][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.]
125. Waging war against any Asiatic Power in alliance with the Government of India.
125. Waging war against any Asiatic Power in alliance with the Government of India.—Whoever wages war against the Government of any Asiatic Power in alliance or at peace with the [xxxix][Government of India], or attempts to wage such war, or abets the waging of such war, shall be punished with [xl][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.
126. Committing depredation on territories of Power at peace with the Government of India.
126. Committing depredation on territories of Power at peace with the Government of India.—Whoever commits depredation, or makes preparations to commit depredation, on the territories of any Power in alliance or at peace with the [xli][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.
127. Receiving property taken by war or depredation mentioned in Sections 125 and 126.
127. Receiving property taken by war or depredation mentioned in Sections 125 and 126.—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 property so received.
128. Public servant voluntarily allowing prisoner of State or war to escape.
128. Public servant voluntarily allowing prisoner of State or war to escape.—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 with [xlii][imprisonment for life], or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
129. Public servant negligently suffering such prisoner to escape.
129. Public servant negligently suffering such prisoner to escape.—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.
130. Aiding escape of, rescuing or harbouring such prisoner.
130. Aiding escape of, rescuing or harbouring such prisoner.—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 with [xliii][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 [xliv][India], is said to escape from lawful custody if he goes beyond the limits within which he is allowed to be at large.
References
[i] Inserted by Act 8 of 1913, S. 3.
[ii] Substituted by Act 26 of 1955, S. 117 and Sch. for “transportation for life” (w.e.f. 1-1-1956).
[iii] Substituted by the A.O. 1950 for “Queen”.
[iv] Substituted by Act 26 of 1955, S. 117 and Sch. for “transportation for life” (w.e.f. 1-1-1956).
[v] Substituted by Act 16 of 1921, S. 2, for “and shall forfeit all his property”.
[vi] Substituted by Act 36 of 1957, S. 3 and Sch. II, for “Illustrations” (w.e.f. 17-9-1957).
[vii] Substituted by the A.O. 1950 for “Queen”.
[viii] Illustration (b) was rep. by the A.O. 1950. Prior repeal it read as:
“(b) A in India abets in insurrection against the Queen's Government of Ceylon by sending arms to the insurgents. A is guilty of abetting the waging of war against the Queen.”
[ix] S. 121-A was Inserted by Act 27 of 1870, S. 4.
[x] Substituted by Act 3 of 1951, S. 3 and Sch. for “the States”.
[xi] The words “or to deprive the Queen of the sovereignty of the Provinces or to any part thereof” were omitted by the A.O. 1950.
[xii] Substituted by the A.O. 1937 for “the Government of India/Local Government”.
[xiii] Substituted by the A.O. 1950, for “Provincial”.
[xiv] The words “or the Govt. of Burma” were rep. by the A.O. 1948.
[xv] Substituted by Act 26 of 1955, S. 117 and Sch., for “transportation for life or any shorter term”.
[xvi] Inserted by Act 16 of 1921, S. 3.
[xvii] Substituted by the A.O. 1950 for “Queen”.
[xviii] Substituted by Act 26 of 1955, S. 117 and Sch., for “transportation of life”.
[xix] Substituted by Act 16 of 1921, S. 2, for “and shall forfeit all his property”.
[xx] Substituted by the A.O. 1950 for “Queen”.
[xxi] Substituted by the A.O. 1950 for “Governor General”.
[xxii] Substituted by Act 3 of 1951, S. 3 and Sch., for “Governor”.
[xxiii] The words “or Rajpramukh” omitted by the A.O. (No. 2) 1956.
[xxiv] Substituted by the A.O. 1950, for “Province”. Earlier the word “Province” was Substituted by the A.O. 1937, for the word “Presidency”.
[xxv] The words “or a Lieutenant-Governor” were rep. by the A.O. 1937.
[xxvi] The words “or a Member of the Council of the Governor General of India” were rep. by the A.O. 1948.
[xxvii] The words “or of the Council of any Presidency” were rep. by the A.O. 1937.
[xxviii] The original words “Governor General, Governor, Lieutenant-Governor or Member of Council” have successively been amended by the A.O. 1937, A.O. 1948 and A.O. 1950 to read as above.
[xxix] Substituted by Act 3 of 1951 for “Governor”.
[xxx] The words “or Rajpramukh” omitted by the A.O. 1956.
[xxxi] The original words “Governor General, Governor, Lieutenant-Governor or Member of Council” have successively been amended by the A.O. 1937, A.O. 1948 and A.O. 1950 to read as above.
[xxxii] Substituted by Act 3 of 1951 for “Governor”.
[xxxiii] The words “or Rajpramukh” omitted by the A.O. 1956.
[xxxiv] Substituted by Act 4 of 1898, S. 4, for the original S. 124-A which had been Inserted by Act 27 of 1870, S. 5.
[xxxv] The words “Her Majesty or” were rep. by the A.O. 1950. The words “or the Crown Representative” Inserted after the word “Majesty” by the A.O. 1937 were rep. by the A.O. 1948.
[xxxvi] Substituted by Act 3 of 1951 for “the States”.
[xxxvii] The words “or British Burma” Inserted by the A.O. 1937 were rep. by the A.O. 1948.
[xxxviii] Substituted by Act 26 of 1955, S. 117 and Sch., for “transportation for life or any shorter term”.
[xxxix] Substituted by the A.O. 1950 for “Queen”.
[xl] Substituted by Act 26 of 1955, S. 117 and Sch., for “transportation for life”.
[xli] Substituted by the A.O. 1950 for “Queen”.
[xlii] Substituted by Act 26 of 1955, S. 117 and Sch., for “transportation for life”.
[xliii] Substituted by Act 26 of 1955, S. 117 and Sch., for “transportation for life”.
[xliv] Substituted by Act 3 of 1951 for “the States”.
