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IPC 1860REPEALED

Section 123

Concealing with intent to facilitate design to wage war

Replaced by: BNS 150

Non-BailableCognizable: YesCourt of Session
THE STATUTE

Original Text

Whoever by any act or by any illegal omission conceals the existence of a design to wage war against the Government of India, intending by such concealment to facilitate or knowing it to be likely that such concealment will facilitate 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.

Simplified

Section 123 targets individuals who have knowledge of a planned war against the state but choose to hide it — covering both active concealment (lying to authorities) and illegal omissions (failure to report when legally bound to do so under the CrPC). The provision ensures that persons in the orbit of an insurgent group who know of its plans cannot remain passive observers — they have a legal duty to report such knowledge. Unlike Sections 121–122 which require participation in the rebellion, Section 123 catches those who provide cover and concealment to rebellious designs without themselves being active participants.

Legal Evolution

Section 123 originated in the Indian Penal Code 1860, drafted under Macaulay's influence from the English law on misprision of treason. It targets preparatory concealment of designs to wage war, reflecting the colonial government's concern with suppressing seditious conspiracies before they could be executed. Courts have read it narrowly, requiring proof of actual knowledge of a specific design, not mere suspicion.

Landmark Precedents

Romesh Thappar v. State of Madras (1950)

AIR 1950 SC 124
RELEVANCE

Discussed the scope of state offences — established the boundary between concealment of war designs and permissible political speech.

Practical Scenarios

"Knowing that a group is planning an armed raid on a police armory and purposefully misleading police about their location — Section 123."

Common Queries

Yes — under the CrPC, every person aware of a design to commit such offences is legally bound to give information to the nearest Magistrate or Police Officer. Knowingly concealing such information with intent to facilitate the war design constitutes Section 123.