What is IPC Section 123?
IPC Section 123 falls within Chapter VI of the Indian Penal Code ("Of Offences Against the State"), a chapter addressing the most severe threats to India's sovereignty, security, and constitutional order. This section forms part of a closely related group of provisions addressing waging war against the Government of India — Section 121 (waging, attempting to wage, or abetting the waging of war, punishable with death or life imprisonment), Section 122 (collecting arms/ammunition with intent to wage war, punishable with life imprisonment or up to 10 years), and Section 123 (concealing a design to wage war, addressed here).
Section 123 captures a distinct form of culpability from Sections 121-122: rather than actively planning, preparing for, or participating in the waging of war, this section targets those who become aware of such a design and, instead of disclosing it, deliberately conceal it — whether through an affirmative act of concealment, or through an illegal omission (failing to disclose information they were under a legal duty to reveal). The offence requires either specific intent that this concealment facilitate the war, or knowledge that it is likely to have that effect, ensuring that the section captures genuine complicity rather than mere passive unawareness.
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With effect from 1 July 2024, the Indian Penal Code has been replaced by the Bharatiya Nyaya Sanhita (BNS), 2023 for offences committed on or after that date.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 123 IPC now corresponds to Section 150 of the BNS, which retains the identical definition and punishment without substantive change. FIRs registered before 1 July 2024 continue to be tried under IPC 123; incidents after that date are registered under the corresponding BNS provision.
Legal Provision — Text of Section 123 IPC
This section must be read alongside Section 121 (waging, attempting to wage, or abetting war against the Government of India), Section 121A (conspiracy to commit certain offences against the state), Section 122 (collecting arms with intent to wage war), and Section 32 (which establishes that words referring to "acts" also extend to illegal omissions, relevant to this section's inclusion of concealment "by any illegal omission").
Punishment Under Section 123
| Imprisonment | Imprisonment of either description (simple or rigorous) for a term which may extend to 10 years |
|---|---|
| Fine | Shall also be liable to fine, in addition to imprisonment |
| Nature of Offence | Cognizable — police can register an FIR and investigate without a warrant |
| Bailable / Non-Bailable | Non-Bailable |
| Compoundable | Not compoundable |
| Triable By | Court of Session |
| Related Provisions | Section 121 (waging war against the Government of India), Section 121A (conspiracy against the state), Section 122 (collecting arms to wage war) |
Key Ingredients / Essential Elements
Concealment of the existence of a design to wage war
The accused must have concealed — hidden, suppressed, or failed to disclose — the existence of an actual plan or design to wage war against the Government of India.
The concealment can be by act or by illegal omission
This covers both affirmative acts of concealment and situations where the accused had a legal duty to disclose information but chose not to.
Intent to facilitate, or knowledge of likely facilitation
The accused must have intended for the concealment to help the war-waging design succeed, or must have known that this was a likely consequence of their concealment.
What Should You Do — Reporting and For the Accused
If You Have Information About a Concealed Design to Wage War
- Report the matter immediately to the police, national security, and specialized intelligence/investigation agencies, given the extreme gravity and national security dimensions involved.
- Provide any available details regarding the nature of the concealment and the underlying design to wage war.
- Cooperate fully with the specialized investigative processes appropriate to matters of this severity.
If You Are Accused Under Section 123
- Given the extreme severity and national security implications of this offence, engage a highly experienced criminal defence lawyer immediately.
- A key defence is to challenge whether a genuine "design to wage war" actually existed, and whether the requisite intent or knowledge regarding facilitation through concealment is established.
- Given the non-bailable nature and Court of Session trial, comprehensive legal representation throughout the investigation and trial process is essential.
FIR & Bail Process Under Section 123
Filing the FIR
Being cognizable, an FIR is registered upon receiving information, typically involving coordination between civilian police and specialized national security investigation agencies.
Investigation
Given the gravity and sensitivity of this offence, investigation typically involves specialized agencies and careful examination of the alleged concealment and the underlying design to wage war.
Bail
Being non-bailable, and given the serious national security implications, securing bail is exceptionally difficult.
Trial
The case is tried before the Court of Session, and being non-compoundable, proceeds through the full, rigorous trial process appropriate to an offence of this gravity.
Important / Landmark Cases on Section 123
Requirement of a Genuine, Existing Design to Wage War
Courts interpreting Section 123 have emphasized that the concealment must relate to an actual, existing design to wage war — vague suspicions or general awareness of unrest, without knowledge of a specific plan, would not satisfy this element.
Concealment by Illegal Omission
Courts have applied the general principle under Section 32 (that "acts" extend to illegal omissions) to Section 123, confirming that a person under a specific legal duty to disclose relevant information — such as certain public servants or officials — can be liable under this section for failing to do so, where the other elements of the offence are established.