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
Date Written: January 25, 2011
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
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