What is IPC Section 126?
IPC Section 126 sits in Chapter VI of the Indian Penal Code, "Of Offences Against the State." It follows Section 125 (waging war against an Asiatic power in alliance with the Government of India) and precedes Section 127 (receiving property taken by such war or depredation). Together, these provisions protect India's international relations by criminalising hostile acts launched from within India against friendly neighbouring states — conduct that could otherwise drag India into unwanted diplomatic or military conflict.
"Depredation" refers to plundering, raiding, or looting — typically an armed incursion aimed at seizing property or causing destruction in the target territory. The section is notable for criminalising mere preparation to commit depredation, not only the completed act, reflecting the seriousness with which the law treats threats to peaceful relations with neighbouring states.
Important Update: IPC to BNS Transition
With effect from 1 July 2024, the Indian Penal Code has been replaced by the Bharatiya Nyaya Sanhita (BNS), 2023 for offences committed on or after that date. Section 126 IPC now corresponds to Section 154 of the BNS, which retains the same substance, updating the reference from "Power" to "foreign State."
Legal Provision — Text of Section 126 IPC
This provision must be read together with Section 125 (which deals with actually waging war against such a power) and Section 127 (which punishes receiving property taken through the war or depredation described in Sections 125 and 126). Section 126 targets a lesser degree of hostility than full-scale war — organised plunder or raiding — while still treating it as a serious offence against the State's interests.
Punishment Under Section 126
| Punishment | Imprisonment of either description up to 7 years, and fine, and forfeiture of any property used, intended to be used, or acquired in committing the depredation |
|---|---|
| Nature of Offence | Cognizable — police can register an FIR and investigate/arrest without prior court order |
| Bailable / Non-Bailable | Non-bailable — bail is not a matter of right and must be applied for before the court |
| Compoundable | Non-compoundable |
| Triable By | Court of Session |
The forfeiture element is notable — beyond imprisonment and fine, the court can order forfeiture of weapons, vehicles, funds, or any other property connected to the depredation, whether it was used, meant to be used, or gained through the act.
Key Ingredients / Essential Elements
Depredation, or preparation to commit it
The accused must have committed an act of plunder or raiding, or taken concrete steps preparing to do so.
Target territory belongs to a friendly power
The territory targeted must belong to a power that is in alliance with, or at peace with, the Government of India — not a hostile state, which would instead engage separate provisions dealing with actual war.
No requirement that the act succeed
Since preparation alone is criminalised, the depredation need not actually be carried out for the offence to be complete.
How Section 126 Relates to Neighbouring Provisions
Section 126 sits within a small cluster of provisions addressing India's relations with friendly foreign powers:
- Section 125 punishes actually waging war against such a power — a more serious act than mere depredation.
- Section 126 (this section) punishes plundering or raiding the power's territory, or preparing to do so — a lesser but still serious hostile act.
- Section 127 punishes receiving property that was taken through the war or depredation described in Sections 125 and 126, even by someone who did not personally participate in the raid.
These provisions collectively ensure that India can hold accountable not just those who directly engage in cross-border hostility against friendly states, but also those who prepare for such acts or profit from them afterward.
FIR & Trial Process Under Section 126
Registration of the Case
Given the cognizable nature and national-security dimension, an FIR is typically registered promptly, often by agencies with jurisdiction over cross-border matters.
Investigation
Investigation focuses on establishing preparation or commission of the depredation, the property involved, and evidence connecting the accused to the planned or actual raid.
Bail Application
Being non-bailable, bail must be applied for before the Sessions Court or High Court, with courts weighing the diplomatic and security implications heavily.
Trial
The Court of Session tries the case, with sentencing including potential forfeiture of relevant property alongside imprisonment and fine.