Section 121 IPC: Waging, or attempting to wage war, or abetting waging of war, against the Government of India

Indian Penal Code, 1860

Section 121 IPC at a Glance

Section 121 IPC deals with waging, or attempting to wage war, or abetting waging of war, against the Government of India. It is non-bailable and cognizable, triable by the Court of Session; from 1 July 2024 it is replaced by Section 147 BNS.

Punishment

Death, or imprisonment for life.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ
BNS Equivalent

Section 147 →

Section 121 IPC Bare Act Text

121. Waging, or attempting to wage war, or abetting waging of war, against the Government of India

Whoever wages war against the Government of India, or attempts to wage such war, or abets the waging of such war, shall be punished with death, or imprisonment for life and shall also be liable to fine.

Illustration

A joins an insurrection against the Government of India. A has committed the offence defined in this section.

Source: Section 121, Indian Penal Code, 1860

Section 121 IPC in Simple Words

Section 121 of the Indian Penal Code (IPC) punishes anyone who wages war against the Government of India, attempts to wage such war, or abets the waging of such war. The punishment is death, or imprisonment for life, and fine. The offence is cognizable and non-bailable, and it is tried by a Court of Session.

Ingredients of Section 121 IPC

  • The accused waged war against the Government of India, or attempted to wage such war, or abetted the waging of such war
  • The war was waged against the Government of India and not against any other power

Punishment Under Section 121 IPC

Imprisonment

Death, or imprisonment for life.

Fine

The offender is also liable to fine.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

Waging war against the Government of India, attempting it or abetting it carries death or imprisonment for life, and fine.

Example of Section 121 IPC

In Ranchi in 2015, Jagdish and Mahendra joined an organised insurrection aimed at overthrowing the authority of the Government of India and launched a coordinated assault on a central radio transmission tower. Their associate Kundan intentionally aided the uprising by providing detonators and maps of the facility. Security troops defeated the insurgents during the attack. By joining the insurrection to wage war against the Government of India and by abetting that war, Jagdish, Mahendra and Kundan are punishable under Section 121 IPC.

When Section 121 IPC Does Not Apply

  • The hostile acts of war were directed against an allied Asiatic power rather than against the Government of India, which falls under Section 125 IPC.
  • The accused only entered into a conspiracy to wage war without waging, attempting to wage, or abetting the waging of war, which is governed by Section 121A IPC.
  • The accused merely collected men or ammunition with the intention of waging war at a future time, which is covered by Section 122 IPC.
  • The disturbance was a private riot or local breach of peace that did not challenge the sovereignty or authority of the Government of India.

Section 121 IPC in the BNS

Section 121 IPC is now covered under Section 147 BNS.

Section 121 IPC is now Section 147 BNS, with the same words and the same punishment. The BNS prints Illustration with a full stop on a line of its own, and its heading does not carry the word the before Government of India.

View detailed comparison (IPC 121 vs BNS 147) →

FAQs on Section 121 IPC

What does Section 121 IPC provide?▼

It punishes anyone who wages war against the Government of India, attempts to wage such war, or abets the waging of such war.

What is the punishment under Section 121 IPC?▼

Death, or imprisonment for life, and the offender is also liable to fine.

Does joining an insurrection fall under Section 121 IPC?▼

Yes. The illustration to the section says that a person who joins an insurrection against the Government of India has committed the offence.

Is an offence under Section 121 IPC cognizable?▼

Yes. The First Schedule to the CrPC makes it cognizable.

Is an offence under Section 121 IPC bailable?▼

No. It is non-bailable.

Which court tries an offence under Section 121 IPC?▼

A Court of Session.

Can an offence under Section 121 IPC be compounded?▼

No. It is not listed in Section 320 CrPC.

Where is Section 121 IPC in the Bharatiya Nyaya Sanhita?▼

In Section 147 BNS.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·