Whoever wages war against the 1[Government of India], or attempts to wage such war, or abets the waging of such war, shall be punished with death, or 2[imprisonment for life] 3[and shall also be liable to fine].
4[Illustration]
5***A joins an insurrection against the 1[Government of India]. A has committed the offence defined in this section.
6* * * * *
COMMENTS
Waging war against Government of India - Intent of foreign enemy:
In "Waging war", the intent of the foreign enemy is not only to disturb public peace or law and order or to kill people. A foreign enemy strikes at the sovereignty of the State, and his conspiracy and actions are motivated by that animus; Mohammed Ajmal Mohammad Amir Kasab vs. State of Maharashtra, AIR 2012 SC 3565: (2012) 9 SCC 1: 2012 (8) JT 4: 2012 (7) SCALE 553: 2012 Cr LJ 4770.
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