¹121A. Conspiracy to commit offences punishable by section 121.— Whoever within or without ²[India] conspires to commit any of the offences punishable by Section 121, ³[***] or conspires to overawe, by means of criminal force or the show of criminal force, ⁴[the Central Government or any ⁵[State] Government ⁶[***], shall be punished with ⁷[imprisonment for life], or with imprisonment of either description which may extend to ten years, ⁸[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.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for life, or imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

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1. Ins. by Act 27 of 1870, sec. 4.

2. The words “British India” have successively been subs. by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, sec. 3 and Sch., to read as above.

3. The words “or to deprive the Queen of the sovereignty of the Provinces or of any part thereof” omitted by the A.O. 1950.

4. Subs. by the A.O. 1937, for “the Government of India” or any “Local Government”.

5. Subs. by the A.O. 1950, for “Provincial”.

6. The words “or the Government of Burma” omitted by the A.O. 1948.

7. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life or any shorter term” (w.e.f. 1-1-1956).

8. Subs. by Act 16 of 1921, sec. 3, for “and shall forfeit all his property”.

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 ⁶[Government of India]. A has committed the offence defined in this section.

⁷[* * *]

CLASSIFICATION OF OFFENCE

Punishment—Death or imprisonment for life and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

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

2. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).

3. Subs. by Act 16 of 1921, sec. 2, for “and shall forfeit all his property”.

4. Subs. by Act 36 of 1957, sec. 3 and Sch. II, for “Illustra­tions” (w.e.f. 17-9-1957).

5. The brackets and letter “(a)” omitted by Act 36 of 1957, sec. 3 and Sch. II (w.e.f. 17-9-1957).

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

7. Illustration (b) omitted by the A.O. 1950.

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

Section 121A: Conspiracy to commit offences punishable by section 121

Section 122: Collecting arms, etc., with intention of waging war against the Government of India

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

Section 124: Assaulting President, Governor, etc., with intent to compel or restrain the exercise of any lawful power

Section 124A: Sedition

Section 125: Waging war against any Asiatic Power in alliance with the Government of India

Section 126: Committing depredation on territories of Power at peace with the Government of India

Section 127: Receiving property taken by war on depredation mentioned in sections 125 and 126

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

Section 129: Public servant negligently suffering such prisoner to escape

Section 130: Aiding escape of, rescuing or harboring such prisoner