INDIAN KANOON SECTION 121 IPC - Indian Penal Code - Waging, or attempting to wage war, or abetting waging of war, against the Government of India

Description

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.

Applicable Offences

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

Punishment - Death or Imprisonment for Imprisonment for Life + Fine

This is a Non-Bailable, Cognizable offence and triable by Court of Session

This offence in NOT compoundable.

1. If an offence is cognizable, police has the authority to arrest the accused without a warrant and to start an investigation with or without the permission of a court. Otherwise police does not have the authority to arrest the accused without a warrant and an investigation cannot be initiated without a court order.

2. If an offience is bailable, police has the authority to release the accused on bail on getting the defined surety amount along with a duly filled bail bond at the concerned police station. Otherwise arrested person has to apply for bail before a magistrate or court

3. If an offence is compoundable, a compromise can be done between the accused and the victim, and a trial can be avoided. Otherwise, No compromise is allowed between the accused and the victim except under certain situations, where the High Court or the Supreme Court have the authority for quashing a matter.