Sections 121 to 123 of the Indian Penal Code deal with waging war against the government. The following are considered as offences that need to be proven to constitute an offence against the government under Section 121.

IPC Provisions on Waging War

Section 121 of the IPC prohibits waging, trying to wage, or assisting in the conducting of war against the government of India. This part specifies the utmost penalty for such offences as death or eternal imprisonment. It also provides for the forfeiture of goods used in the commission of such a crime.

Furthermore, Section 122 of the IPC addresses the acquisition of weapons, ammunition, or materials to be used in war in order to conduct war against the Government of India. For such offenses, the highest penalty is life imprisonment under this provision.

Section 123 of the IPC  deals with concealing the presence or whereabouts of anyone who has done a crime under Sections 121 or 122 of the IPC. This provision specifies a potential penalty of ten years in prison, a fine, or both.

Elements of Waging War against the State

Under the IPC, waging war against the government is an offence under Section 121. The following are the key components of this offence:

• Actively participating in or trying to conduct war against the government: This component entails actively participating in or attempting to participate in actions of war against the government. Acts such as assaulting government facilities or people, plotting and carrying out acts of terrorism or insurrection, or scheming to wage war against the government are examples of terrorism.
• Abetting the conduct of such an offence entails encouraging, facilitating, or assisting in the execution of an infraction of making war against the government. It could include giving money or material support, harbouring or concealing criminals, or taking part in the planning or execution of such a crime.
• Obtaining, possessing, or gathering weapons, ammunition, or war materials with the purpose of using them to wage war against the government: This aspect entails acquiring, possessing, or collecting arms, ammunition, or war materials with the intent of using them to wage war against the government.
• Intention to conduct war against the government: This aspect entails the explicit desire to destabilize the government or damage its sovereignty, territorial integrity, or security. It must be demonstrated that the offender intended to conduct war against the government and not just cause damage or participate in criminal activity.