Code:
Whoever by any act, or by any illegal omission, conceals the existence of a design to wage war against the 1 [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.
Explanation:
This section criminalizes the act of deliberately withholding information that is legally required to be disclosed, when the individual knows or believes that concealing this information will aid in a war against India.
The key elements of this offense are:
- Concealing Information: Withholding or hiding information that is legally required to be communicated.
- Intention to Facilitate War: The act of concealing information is done with the express purpose of assisting or making it easier to wage war against India.
- Legal Obligation to Communicate: The information concealed must be something that the individual is legally obligated to disclose, either due to their profession, position, or other legal requirements.
Illustration:
A government official working in the defense sector, having access to sensitive information about military deployment, intentionally hides this information from authorities. Knowing that this information could be used by an enemy to launch an attack against India, the official chooses to withhold it, intending to facilitate the enemy’s war efforts. This action would constitute an offense under Section 123.
Common Questions and Answers:
Q1. What is the punishment for violating Section 123?
A1. The punishment for this offense is severe, ranging from imprisonment for life to imprisonment of either description for a term not exceeding 10 years, along with a fine.
Q2. Does Section 123 apply only to government officials?
A2. No, this section applies to any individual who is legally obligated to communicate certain information and chooses to conceal it with the intention of aiding war against India.
Q3. What kind of information falls under this section?
A3. This section covers any information that is legally required to be disclosed and can be used to facilitate war against India, including but not limited to military strategies, troop movements, technological advancements, or any other sensitive intelligence.
