Whoever commits depredation, or makes preparations to commit depredation, on the territories of any Power in alliance or at peace with the ¹ [Government of India], shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine and to forfeiture of any property used or intended to be used in committing such depredation, or acquired by such depredation.

Explanation

This section deals with the offense of committing acts of hostility or depredation on territories or people belonging to a country at peace with India, by someone who is a subject of a country at war with India. This essentially means that a citizen of a country at war with India cannot commit acts of violence or destruction in territories or against citizens of a country that is at peace with India.

Illustration

Let’s imagine India is at war with Country A. Country B is at peace with India. If a citizen of Country A commits an act of robbery or arson in Country B, they would be committing an offense under Section 126 of the IPC.

Common Questions and Answers

Q: Who can be charged under Section 126?

A: Only a subject of a state at war with India can be charged under this section.

Q: What acts constitute “depredation” or “hostility”?

A: This includes acts like robbery, arson, murder, kidnapping, and any other acts that cause harm or disruption.

Q: What is the punishment for violating Section 126?

A: The punishment is imprisonment for life or up to 10 years, along with a fine.