Report No. 156
Offences against the State: Sections 121 - 130
13.10. 1. Having considered the provisions of section 121A, we are of the view that no changes are necessary. Similarly sections 121, 122 and 123 need not be disturbed as already suggested in the 42nd Report of the Law Commission except, the words "imprisonment of either description" be substituted with "rigorous imprisonment".
2. The proposed section 123A in the Bill is based on the recommendations of the Law Commission in its 42nd Report. However, the Bill, apart from incorporating new section 123A in the I.P.C., sought to add an Explanation thereto. We are of the view that there is no harm in having the said Explanation.
3. The Law Commission in its 42nd Report had recommended the revision of section 124A dealing with sedition. The same has been incorporated in the I.P.C. (Amendment) Bill, 1978 under clause 48. After re-examining the matter, we are of the view that section 124A may be substituted as recommended.
4. On the basis of earlier recommendations made by the Law Commission in its 42nd Report, Prevention of Insults to National Honour Act, 1971 was enacted.
Therefore, the proposed section 124B in the I.P.C. (Amendment) Bill, 1978, is not required to be inserted in the I.P.C. and the same may be deleted from clause 48 of the Bill.
5. We agree with the proposed clause 49 of the I.P.C. (Amendment) Bill, 1978 that section 125 of the I.P.C. may be revised as follows:
"125. Waging war against any foreign state at peace with India.-Whoever wages war against the Government of any foreign State at peace with India, or attempts to wage such war, or abets 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."