The Evolution of Section 121 of the Indian Penal Code: From the Revolutionary to the Terrorist

Madras Law Journal (Criminal), Vol. 1, No. 9, 2011

19 Pages Posted: 6 May 2011

See all articles by Chintan Chandrachud

Chintan Chandrachud

Quinn Emanuel Urquhart & Sullivan LLP

Date Written: January 25, 2011

Abstract

The development of the offence of 'waging war' under Section 121 of the Indian Penal Code has provided a literal exposition of the proverb that ‘one man’s terrorist is another man’s revolutionary’. Before Indian independence, several freedom fighters were convicted under this Section. Subsequently, however, it has been employed as a mace to bring perpetrators of terrorist activities to justice. This article seeks to analyze the evolution of Section 121 since it came into force more than seven score years ago. The Supreme Court and the High Courts in India, particularly, the Chartered High Courts, have played a seminal role in keeping this provision in sync with the evolving demands of modern criminal law.

Keywords: Indian Penal Code, anti-terrorism, waging war

Suggested Citation

Chandrachud, Chintan, The Evolution of Section 121 of the Indian Penal Code: From the Revolutionary to the Terrorist (January 25, 2011). Madras Law Journal (Criminal), Vol. 1, No. 9, 2011. Available at SSRN: https://ssrn.com/abstract=1831501

Chintan Chandrachud (Contact Author)

Quinn Emanuel Urquhart & Sullivan LLP ( email )

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London, EC4M 7RA
United Kingdom
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