BACK TO SECTIONSAIR 1950 SC 124
IPC 1860REPEALED
Section 123
Concealing with intent to facilitate design to wage war
Replaced by: BNS 150
Non-BailableCognizable: YesCourt of Session
THE STATUTE
Original Text
Whoever by any act or by any illegal omission conceals the existence of a design to wage war against the 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.
Simplified
Section 123 targets individuals who have knowledge of a planned war against the state but choose to hide it — covering both active concealment (lying to authorities) and illegal omissions (failure to report when legally bound to do so under the CrPC). The provision ensures that persons in the orbit of an insurgent group who know of its plans cannot remain passive observers — they have a legal duty to report such knowledge. Unlike Sections 121–122 which require participation in the rebellion, Section 123 catches those who provide cover and concealment to rebellious designs without themselves being active participants.
Landmark Precedents
Romesh Thappar v. State of Madras (1950)
RELEVANCE
Discussed the scope of state offences — established the boundary between concealment of war designs and permissible political speech.
Practical Scenarios
"Knowing that a group is planning an armed raid on a police armory and purposefully misleading police about their location — Section 123."
Common Queries
Yes — under the CrPC, every person aware of a design to commit such offences is legally bound to give information to the nearest Magistrate or Police Officer. Knowingly concealing such information with intent to facilitate the war design constitutes Section 123.