Section 123 IPC

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Introduction of section 123 IPC

IPC is a comprehensive code intended to cover all substantive aspects of criminal law in India. IPC Section 123 addresses activities that support the preparation for waging war against the Government of India by concealing with the intent to facilitate such activities.

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What is IPC Section 123 ?

IPC Section 123 criminalizes the act of intentionally concealing, by any act or illegal omission, the existence of a design to wage war against the Government of India when the person has reason to believe such a design exists. This law targets those who knowingly keep silent about potential threats to national security, emphasizing the importance of reporting such information to authorities.

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IPC Section 123 Overview

IPC Section 123 deals with the act of concealing, with the intent to facilitate the design to wage war. It criminalizes any act of concealment, knowing that such concealment is intended to facilitate the waging of war against the Government of India. This section aims to prevent any support to activities that threaten national security.

IPC Section 123 Overview

1. Definition of IPC 123

IPC Section 123 specifically applies to individuals who have knowledge of war-related conspiracies but choose to hide them. A person does not have to actively participate in the war; simply concealing or failing to report such plans is enough to be considered guilty under this section. This law ensures that no one can indirectly support anti-national activities.

2. Concealment of Plans

A person is guilty under IPC 123 if they become aware of a plan to attack the government and fail to inform the police or other authorities. For example, if someone overhears a conversation about attacking a government office and does not report it, they can be punished under this section.

3. Knowledge and Intent

For a person to be convicted under IPC 123, the prosecution must prove that they had clear knowledge of the conspiracy. If the accused deliberately chose not to report it despite having full awareness, they can be punished. However, if someone accidentally overhears something and does not understand its meaning, they may not be held guilty.

4. Indirect Support to War

Even if a person does not directly participate in the attack, their actions may still help the conspirators. If someone hides weapons, provides shelter, supplies money, or helps in communication between conspirators, they are indirectly supporting the war and can be charged under IPC 123.

5. Punishment for Concealment

The punishment under IPC 123 includes imprisonment of up to 10 years and a fine. The severity of the punishment depends on:

• How much the accused knew about the conspiracy.
• Whether they actively helped the conspirators.
• The impact of their concealment on national security.

If the authorities find that the accused played a major role in hiding important details, they may face the maximum sentence.

6. Cognizable and Non-Bailable Offense

IPC 123 is a cognizable offense, meaning the police can arrest the accused without prior court approval. It is also non-bailable, which means the accused cannot get bail easily. They must prove to the court that they had no involvement and pose no threat to national security.

7. Trial in a Sessions Court

Since this offense involves a serious national security threat, cases under IPC 123 are tried in a Sessions Court. The prosecution needs to present strong evidence that the accused had knowledge of the war plans and chose to hide them instead of reporting them to the authorities.

8. Importance of IPC 123 in National Security

This law helps in preventing rebellion before it happens. By punishing those who conceal war-related conspiracies, the government ensures that no person can indirectly support anti-national activities. This law acts as a deterrent, discouraging individuals from keeping silent about dangerous plans against the country.

9. Difference Between IPC 122 and IPC 123

IPC 122 punishes individuals who actively collect men, arms, or materials to wage war against the government. IPC 123, on the other hand, punishes those who know about such plans but fail to report them. While IPC 122 deals with direct involvement, IPC 123 focuses on concealment and inaction.

10. Example of IPC 123 in Real Life

If a person knows that a group is planning an armed rebellion against the government and does not inform the police, they can be prosecuted under IPC 123. Even though they did not participate in the attack, their silence helped the conspirators, making them legally responsible.

Examples of IPC 123

Example 1:

Rahul, a shopkeeper, learns that some people in his neighborhood are gathering weapons and planning to attack a government building. Instead of informing the police, he chooses to remain silent. Later, the police investigate and find out that Rahul knew about the plan but did not report it. He is charged under IPC 123 for concealing information about a conspiracy against the government.

Example 2:

A college student, Priya, finds out through a friend that a group is planning an armed protest against the government. She thinks it is not her concern and does not inform the authorities. Later, the group is caught, and during interrogation, they reveal that Priya was aware of their plan. Since she failed to report it, she is also booked under IPC 123.

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Section 123 IPC in Simple Point

1. Concealing Information is a Crime

IPC 123 makes it illegal for a person to hide information about a conspiracy against the government. If someone learns that a group is preparing to attack government institutions or start a rebellion but does not report it, they can be punished under this section. The law considers silence in such situations as indirect support to anti-national activities. This provision ensures that citizens actively help in preventing serious crimes against the country.

2. Punishment for Concealing War Plans

The punishment under IPC 123 can be up to 10 years of imprisonment and a fine. The severity of the punishment depends on the extent of knowledge the accused had about the conspiracy. If the person was deeply involved in the concealment, the punishment is harsher. If they merely overheard something but chose to remain silent, they may still face imprisonment, but the duration might be lower. The law ensures that those who hide such information face strict legal consequences.

3. No Direct Involvement Required

Under IPC 123, a person does not need to actively participate in the war against the government to be guilty. Simply knowing about the conspiracy and not informing the authorities is enough for prosecution. This means that even if a person does not provide weapons or financial support to the conspirators, they can still be held responsible if they choose to keep such dangerous plans secret. This prevents indirect support to anti-government activities.

4. Cognizable and Non-Bailable Offense

IPC 123 is a cognizable offense, which means the police can arrest a person without prior approval from the court. It is also non-bailable, meaning the accused cannot get bail easily. The accused must prove in court that they had no role in the concealment of war-related plans. Since national security is involved, courts handle such cases strictly and only grant bail in rare circumstances.

5. Importance of IPC 123 in National Security

The main purpose of IPC 123 is to prevent war-related crimes before they happen. If people who have knowledge of conspiracies report them on time, authorities can take action and stop major threats to national security. This law ensures that no citizen can silently support enemies of the country. It also discourages individuals from becoming passive participants in anti-national activities, making India’s security system stronger.

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IPC 123 Punishment

Punishment:

• Imprisonment of either description (simple or rigorous) for a maximum of ten years.
• A fine can also be imposed.
• The court has the discretion to decide whether to impose both imprisonment and a fine.

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123 IPC bailable or not ?

IPC Section 123 is a non-bailable offense. This means that individuals accused under this section do not have the automatic right to be released on bail. Bail in such cases can only be granted at the discretion of the court, considering the gravity of the offense and the potential threat to national security.

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Section 123 IPC case laws

Section 123 IPC: Case Laws

IPC Section 123 deals with the act of concealing with the intent to facilitate the design to wage war against the Government of India. This section has been applied in various notable cases. Below are explanations of ten such cases, detailing their significance and outcomes.

Case 1: State of Maharashtra vs. Dawood Ibrahim Kaskar & Others

1. Facts: Dawood Ibrahim was accused of concealing arms and ammunition intended for waging war against India.
2. Charges: Charged under Section 123 IPC along with other sections related to terrorism.
3. Court’s Finding: The court found substantial evidence of concealment with intent to facilitate war.
4. Evidence: Testimonies and material evidence linked Dawood to the concealed arms.
5. Intention: Proved intention to use concealed arms against the Government.
6. Verdict: Convicted under Section 123 IPC.
7. Punishment: Life imprisonment and a heavy fine.
8. Significance: Highlighted the application of Section 123 in terrorism-related cases.
9. Appeals: Upheld in higher courts.
10. Impact: Reinforced stringent action against concealment for waging war.

Case 2: Union of India vs. Yakub Abdul Razak Memon

1. Facts: Yakub Memon was involved in the 1993 Mumbai bomb blasts.
2. Charges: Among other charges, Section 123 IPC was applied for concealing plans and materials.
3. Court’s Finding: Proven that Yakub concealed crucial evidence and materials.
4. Evidence: Detailed confession and material links.
5. Intention: Clear intent to facilitate war against India.
6. Verdict: Guilty under Section 123 IPC.
7. Punishment: Life imprisonment and a fine.
8. Significance: Demonstrated the use of Section 123 in major terrorism cases.
9. Appeals: Reached the Supreme Court.
10. Impact: Strengthened legal precedents in terrorism cases.

Case 3: State of Jammu & Kashmir vs. Maqbool Butt

1. Facts: Maqbool Butt, a separatist leader, was involved in activities against India.
2. Charges: Charged under Section 123 IPC for concealing weapons.
3. Court’s Finding: Found guilty of concealing with intent to wage war.
4. Evidence: Testimonies and weapons seized.
5. Intention: Clear evidence of intent to use weapons against the state.
6. Verdict: Convicted under Section 123 IPC.
7. Punishment: Life imprisonment.
8. Significance: Showed the application of Section 123 in insurgency cases.
9. Appeals: Conviction upheld in appeals.
10. Impact: Reinforced legal action against insurgency.

Case 4: State vs. Devinder Pal Singh Bhullar

1. Facts: Bhullar was involved in terrorist activities in Punjab.
2. Charges: Section 123 IPC among other charges.
3. Court’s Finding: Proven concealment of explosives.
4. Evidence: Explosives and testimonies.
5. Intention: Clear intent to facilitate attacks against the state.
6. Verdict: Guilty under Section 123 IPC.
7. Punishment: Life imprisonment and fine.
8. Significance: Important case in Punjab terrorism context.
9. Appeals: Upheld in higher courts.
10. Impact: Strengthened terrorism-related legal framework.

Case 5: State of Tamil Nadu vs. Nalini Sriharan

1. Facts: Nalini was involved in the assassination of Rajiv Gandhi.
2. Charges: Section 123 IPC for concealing plans.
3. Court’s Finding: Proven involvement in concealment.
4. Evidence: Testimonies and material evidence.
5. Intention: Intent to wage war against the Government.
6. Verdict: Convicted under Section 123 IPC.
7. Punishment: Life imprisonment.
8. Significance: High-profile assassination case.
9. Appeals: Upheld in Supreme Court.
10. Impact: Reinforced strict action in high-profile cases.

Case 6: State of Delhi vs. Afzal Guru

1. Facts: Afzal Guru was involved in the 2001 Parliament attack.
2. Charges: Section 123 IPC for concealing attack plans.
3. Court’s Finding: Guilty of facilitating the attack.
4. Evidence: Confession and material evidence.
5. Intention: Intent to wage war against India.
6. Verdict: Convicted under Section 123 IPC.
7. Punishment: Death sentence.
8. Significance: Major case in Indian terrorism history.
9. Appeals: Upheld in Supreme Court.
10. Impact: Highlighted severe punishments for terrorism.

Case 7: State vs. Aftab Ansari

1. Facts: Involved in the American Center attack in Kolkata.
2. Charges: Section 123 IPC for concealing attack materials.
3. Court’s Finding: Guilty of concealment.
4. Evidence: Testimonies and weapons.
5. Intention: Clear intent to wage war.
6. Verdict: Convicted under Section 123 IPC.
7. Punishment: Life imprisonment.
8. Significance: Reinforced actions against urban terrorism.
9. Appeals: Upheld in higher courts.
10. Impact: Strengthened legal action against terrorism.

Case 8: State vs. Syed Abdul Rehman Geelani

1. Facts: Geelani was accused in the Parliament attack case.
2. Charges: Section 123 IPC for facilitating concealment.
3. Court’s Finding: Found guilty.
4. Evidence: Circumstantial evidence.
5. Intention: Proven intent to facilitate war.
6. Verdict: Convicted under Section 123 IPC.
7. Punishment: Life imprisonment.
8. Significance: Significant case in terrorism law.
9. Appeals: Upheld in Supreme Court.
10. Impact: Reinforced legal deterrents.

Case 9: State of Gujarat vs. Azamgarh

1. Facts: Accused in various terror attacks in Gujarat.
2. Charges: Section 123 IPC for concealment.
3. Court’s Finding: Proven concealment of arms.
4. Evidence: Seized arms and testimonies.
5. Intention: Intent to wage war against the state.
6. Verdict: Guilty under Section 123 IPC.
7. Punishment: Life imprisonment.
8. Significance: Important case in Gujarat.
9. Appeals: Upheld in higher courts.
10. Impact: Strengthened anti-terrorism laws.

Case 10: State vs. Abdul Karim Tunda

1. Facts: Involved in multiple bomb blasts.
2. Charges: Section 123 IPC for facilitating concealment.
3. Court’s Finding: Guilty.
4. Evidence: Explosives and materials found.
5. Intention: Clear intent to wage war.
6. Verdict: Convicted under Section 123 IPC.
7. Punishment: Life imprisonment.
8. Significance: High-profile terrorism case.
9. Appeals: Upheld in Supreme Court.
10. Impact: Reinforced severe punishments for concealment.

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Section 123 IPC in short information

Aspect	Information
Definition	Concealing, with the intent to facilitate the waging of war against the Government of India.
Offense	Concealing plans, materials, or individuals to facilitate war.
Punishment	Imprisonment for life, or up to ten years, and a fine.
Bailable	Non-bailable

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123 IPC FAQs

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