Maximum punishment for waging a war against the Government of India under IPC is
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- Rigorous imprisonment up to 5 years
- Rigorous imprisonment up to 10 years
- Rigorous imprisonment for life term
- Death sentence
The Correct Option is D
Solution and Explanation
Step 1: Understanding the Concept:
The question asks for the maximum punishment for the offense of waging war against the Government of India, as prescribed by the Indian Penal Code, 1860.
Step 2: Detailed Explanation:
Chapter VI of the IPC deals with "Offences against the State."
Section 121 of the IPC defines the offense of waging, or attempting to wage war, or abetting the waging of war, against the Government of India.
The punishment prescribed in Section 121 is:
"Whoever, wages war against the Government of India, or attempts to wage such war, or abets the waging of such war, shall be punished with death, or imprisonment for life and shall also be liable to fine."
The question asks for the maximum punishment. Between death and imprisonment for life, the death sentence is the maximum punishment.
Step 3: Final Answer:
The maximum punishment for waging war against the Government of India under Section 121 of the IPC is the death sentence.
Top Questions on Indian Penal Code (IPC)
A glance over all the Sections related to extortion would reveal a clear distinction being carried out between the actual commission of extortion and the process of putting a person in fear for the purpose of committing extortion. Section 383 defines extortion, the punishment therefor is given in Section 384. Sections 386 and 388 provide for an aggravated form of extortion. These sections deal with the actual commission of an act of extortion, whereas Sections 385, 387 and 389 IPC seek to punish for an act committed for the purpose of extortion even though the act of extortion may not be complete and property not delivered. It is in the process of committing an offence that a person is put in fear of injury, death or grievous hurt. Section 387 IPC provides for a stage prior to committing extortion, which is putting a person in fear of death or grievous hurt ’in order to commit extortion’, similar to Section 385 IPC. Hence, Section 387 IPC is an aggravated form of 385 IPC, not 384 IPC. Having deliberated upon the offence of extortion and its forms, we proceed to analyze the essentials of both Sections, i.e.,383 and 387 IPC, the High Court dealt with.
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