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IPC 1860REPEALED

Section 126

Committing depredations on territories of Power at peace with India

Replaced by: BNS 152

Non-BailableCognizable: YesCourt of Session
THE STATUTE

Original Text

Whoever commits depredations, or makes preparations to commit depredations, on the territories of any Power in alliance or at peace with the 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 depredations, or acquired by such depredations.

Simplified

Section 126 criminalises cross-border raids, looting, and acts of aggression against India's friendly neighbours — including preparation for such acts. It is broader than Section 125 (waging war) in that it covers lower-level 'depredations' — raids, looting expeditions, and hostile incursions that fall short of full-scale war. The provision reflects India's obligation under international law to prevent its territory being used as a base for aggression against friendly states. Forfeiture of the property used in or acquired through such depredations is a mandatory additional consequence.

Legal Evolution

Section 126 on committing depredations on territories of powers at peace with India reflected the colonial government's need to maintain international relations and prevent Indian subjects from conducting unauthorized hostilities against friendly foreign powers. Drawn from English law on piracy and foreign enlistment, it was particularly relevant during periods of colonial expansion when adventurers might join foreign conflicts. The provision remains on the books though rarely invoked in the post-Independence era.

Landmark Precedents

State of Maharashtra v. Mayer Hans George (1965)

AIR 1965 SC 722
RELEVANCE

India's jurisdiction over offences against friendly states from Indian territory — Section 126 reflects India's international law obligations to prevent its territory being used for aggression.

Practical Scenarios

"Armed groups who conduct cross-border cattle raids on friendly territory — Section 126."
"Militants who launch attacks on a friendly nation's border villages from Indian soil — Section 126."

Common Queries

Depredations means plundering, raiding, or causing damage and destruction — hostile acts against a friendly nation's territory or people that fall short of full-scale war but constitute serious criminal aggression.