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Report No. 43

3.2. Existing offences connected with waging war, etc.-

The most important of such offences is "waging war" against the Government of India1, or "levying war" as it is described in England, Canada and other Commonwealth countries. Preparation to wage such war2, and concealing a design to wage such war3, are connected offences. Then, there are less grave forms of opposition, illustrated by the offence of conspiracy to overawe the Government of India4, or of any State, or the Parliament, or a State Legislature.

Opposition to the established Government may manifest itself in the form of a physical assault on its functionaries and other dignitaries.5 All these crimes are provided for in Chapter 6 of the Indian Penal Code, and the relevant provisions as proposed to be revised in our Report on the Code6, could be collected under the head "Insurrection".

1 Section 121, IPC (No change in the 42nd Report).

2 Section 122, IPC, as amended in the 42nd Report.

3 Section 123, IPC, as amended in the 42nd Report.

4 Section 121A, IPC, renumbered as section 123B, and amended in the 42nd Report.

5 Section 124, IPC, renumbered as section 123B, and amended in the 42nd Report.

6 42nd Report, Chapter 6.



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