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IPC 1860REPEALED

Section 125

Waging war against any Asiatic Power in alliance with the Government of India

Replaced by: BNS 151

Non-BailableCognizable: YesCourt of Session
THE STATUTE

Original Text

Whoever wages war against the Government of any Asiatic Power in alliance or at peace with the Government of India or attempts to wage such war, or abets the waging of such war, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment of either description for a term which may extend to seven years, to which fine may be added, or with fine.

Simplified

Section 125 protects India's international relations by criminalising acts of war initiated from India against friendly neighbouring nations. The colonial-era language refers to 'Asiatic Powers' — the BNS correctly modernises this to 'foreign Power at peace with India' in Section 151. The provision recognises that India's internal criminal law must serve its international obligations: allowing Indian soil to be used as a launchpad for attacks on friendly nations would violate the basic principle of sovereign equality and non-interference. In contemporary application, this section covers scenarios like militant groups using Indian territory to stage cross-border attacks on neighbours — an increasingly relevant provision given India's complex neighbourhood security environment.

Legal Evolution

This was a colonial-era provision focused on Britain's regional interests in Asia. The BNS correctly expands this to any foreign power at peace with India, modernising language that was anachronistic.

Landmark Precedents

State (NCT of Delhi) v. Navjot Sandhu (2005)

(2005) 11 SCC 600
RELEVANCE

Cross-border militant activities can simultaneously violate both Sections 121 and 125 — India's territorial integrity obligations extend to protecting allied states.

Practical Scenarios

"Organising an armed group on Indian soil to cross the border and attack government buildings of a friendly neighbouring nation — Section 125."

Common Queries

This was a colonial-era provision focused on Britain's regional interests in Asia. The BNS (Section 151) correctly expands this to 'any foreign Power at peace with India' — a modern, globally applicable formulation.