Code
1[121A. Conspiracy to commit offences punishable by section 121.–Whoever within or without 2[India] conspires to commit any of the offences punishable by section 121, 3*** or conspires to overawe, by means of criminal force or the show of criminal force, 4[the Central Government or any 5[State] Government 6***], shall be punished with 7[imprisonment for life], or with imprisonment of either description which may extend to ten years, 8[and shall also be liable to fine].
Explanation.To constitute a conspiracy under this section, it is not necessary that any act or illegal omission shall take place in pursuance thereof.]
Explanation
Section 121A of the IPC states that:
“Whoever, with the intention of waging war against the Government of India, or of exciting or attempting to excite mutiny, rebellion or insurrection within India, or of assisting any foreign power in waging war against the Government of India, conspires with any other person to commit an offence punishable under section 121, shall be punished with imprisonment for life, or with imprisonment which may extend to ten years, and shall also be liable to fine.”
Illustration
Imagine a group of individuals planning to overthrow the government by force. They meet secretly and discuss their plan, dividing responsibilities and gathering resources. This would be considered a conspiracy to commit an offense punishable under Section 121, making them liable under Section 121A.
Common Questions and Answers
Q: What is the difference between Section 121 and 121A?
A: Section 121 deals with the actual act of waging war, exciting mutiny, or assisting a foreign power in war against India. Section 121A deals with the conspiracy to commit these acts.
Q: Does Section 121A require an act to be committed?
A: No, Section 121A punishes the conspiracy itself, even if the intended act is not carried out.
Q: What is the punishment for an offense under Section 121A?
A: The punishment is imprisonment for life, or imprisonment up to 10 years, and a fine.
