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

Indian Penal Code, 1860

Section 123 IPC at a Glance

Section 123 IPC deals with concealing with intent to facilitate design to wage war. It is non-bailable and cognizable, triable by the Court of Session; from 1 July 2024 it is replaced by Section 150 BNS.

Punishment

Imprisonment of either description for up to ten years.

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

Section 150 →

Section 123 IPC Bare Act Text

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 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.

Source: Section 123, Indian Penal Code, 1860

Section 123 IPC in Simple Words

Section 123 of the Indian Penal Code (IPC) punishes a person who, by an act or an illegal omission, conceals the existence of a design to wage war against the Government of India, intending by the concealment to facilitate the waging of that war, or knowing that it is likely to do so.

The punishment is imprisonment of either description for up to ten years, and fine.

The offence is cognizable and non-bailable, and it is tried by a Court of Session.

Ingredients of Section 123 IPC

  • There was a design to wage war against the Government of India
  • The accused concealed the existence of that design, by an act or by an illegal omission
  • The accused intended the concealment to facilitate the waging of the war, or knew it was likely to facilitate it

Punishment Under Section 123 IPC

Imprisonment

Imprisonment of either description for up to ten years.

Fine

The offender is also liable to fine.

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

Concealing a design to wage war against the Government of India carries imprisonment of up to ten years, and fine.

Example of Section 123 IPC

In 2018, Sridhar, a warehouse manager in Coimbatore, discovered that insurgents were using a locked basement room to store encrypted hard drives detailing a design to wage war against the Government of India. When intelligence officers inspected the premises, Sridhar built a false wooden partition to hide the basement entrance and lied about the room, intending by that act of concealment to facilitate the waging of the war. Even though Sridhar was not going to fight in the conflict himself, he concealed the design with the required intent and is punishable under Section 123 IPC.

When Section 123 IPC Does Not Apply

  • The plot that was hidden involved an ordinary crime such as robbery or smuggling rather than a design to wage war against the Government of India.
  • The person did not commit any act or illegal omission to hide the design and promptly reported the plot to the authorities.
  • The person failed to mention a rumour out of ignorance without intending to facilitate the waging of war against the Government of India or knowing that the silence would likely facilitate it.

Section 123 IPC in the BNS

Section 123 IPC is now covered under Section 150 BNS.

Section 123 IPC is now Section 150 BNS, with the same words, the same heading and the same punishment. Nothing in the offence has changed.

View detailed comparison (IPC 123 vs BNS 150) →

FAQs on Section 123 IPC

What does Section 123 IPC provide?▼

It punishes a person who, by an act or an illegal omission, conceals the existence of a design to wage war against the Government of India, intending to facilitate the war or knowing that the concealment is likely to do so.

What is the punishment under Section 123 IPC?▼

Imprisonment of either description for up to ten years, and the offender is also liable to fine.

Must the accused take part in the war to be liable under Section 123 IPC?▼

No. The offence is the concealment of the design, with the required intention or knowledge. The accused need not wage war.

Is an offence under Section 123 IPC cognizable?▼

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

Is an offence under Section 123 IPC bailable?▼

No. It is non-bailable.

Which court tries an offence under Section 123 IPC?▼

A Court of Session.

Can an offence under Section 123 IPC be compounded?▼

No. It is not listed in Section 320 CrPC.

Where is Section 123 IPC in the Bharatiya Nyaya Sanhita?▼

In Section 150 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 ·