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

Indian Penal Code, 1860

Section 125 IPC at a Glance

Section 125 IPC deals with waging war against any Asiatic Power in alliance with 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 153 BNS.

Punishment

Imprisonment for life, or imprisonment of either description for up to seven years.

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

Section 153 →

Section 125 IPC Bare Act Text

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 Government of India or attempts to wage such war, or abets the waging of such war, shall be punished with 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.

Source: Section 125, Indian Penal Code, 1860

Section 125 IPC in Simple Words

Section 125 of the Indian Penal Code (IPC) punishes waging war against the Government of any Asiatic Power in alliance or at peace with the Government of India, attempting to wage such war, and abetting the waging of such war.

The punishment is imprisonment for life, to which fine may be added, or imprisonment of either description for up to seven years, to which fine may be added, or fine alone.

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

Ingredients of Section 125 IPC

  • The accused waged war, attempted to wage war, or abetted the waging of war
  • The war was against the Government of an Asiatic Power in alliance or at peace with the Government of India

Punishment Under Section 125 IPC

Imprisonment

Imprisonment for life, or imprisonment of either description for up to seven years.

Fine

Fine may be added to either term of imprisonment, or fine alone may be imposed.

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

Waging war against a friendly Asiatic Power carries imprisonment for life, or up to seven years, or fine.

Example of Section 125 IPC

In 2016, Rajat and his followers assembled in Kolkata, chartered a vessel, and sailed to an island port belonging to an Asiatic Power at peace with the Government of India, where they bombarded naval installations in an attempt to wage war against the Government of that Asiatic Power. Indian authorities arrested Rajat when his vessel returned to territorial waters. Even though his hostility was not directed against India, Rajat attempted to wage war against the Government of an Asiatic Power at peace with the Government of India and is punishable under Section 125 IPC.

When Section 125 IPC Does Not Apply

  • The conflict was directed against a European or American country rather than the Government of an Asiatic Power.
  • The Asiatic Power whose Government was attacked was neither in alliance nor at peace with the Government of India at the time.
  • The person did not wage war, attempt to wage war, or abet the waging of war against that Government.
  • The armed insurrection was waged against the Government of India itself, which is governed by Section 121 IPC rather than Section 125 IPC.

Section 125 IPC in the BNS

Section 125 IPC is now covered under Section 153 BNS.

Section 125 IPC is now Section 153 BNS, with the same punishment. The BNS replaces any Asiatic Power in alliance or at peace with the Government of India by any foreign State at peace with it, so the offence does not turn on the foreign State being Asiatic. The heading changes to match.

View detailed comparison (IPC 125 vs BNS 153) →

FAQs on Section 125 IPC

What does Section 125 IPC provide?▼

It punishes waging war, attempting to wage war, or abetting the waging of war, against the Government of an Asiatic Power in alliance or at peace with the Government of India.

What is the punishment under Section 125 IPC?▼

Imprisonment for life, to which fine may be added, or imprisonment of either description for up to seven years, to which fine may be added, or fine alone.

Does Section 125 IPC apply to war against the Government of India?▼

No. War against the Government of India is dealt with by Section 121 IPC.

Is an offence under Section 125 IPC cognizable?▼

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

Is an offence under Section 125 IPC bailable?▼

No. It is non-bailable.

Which court tries an offence under Section 125 IPC?▼

A Court of Session.

Can an offence under Section 125 IPC be compounded?▼

No. It is not listed in Section 320 CrPC.

Where is Section 125 IPC in the Bharatiya Nyaya Sanhita?▼

In Section 153 BNS, which covers any foreign State at peace with the Government of India.

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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 ·