Indian Penal Code, 1860
Section 126
repealedCommitting depredation on territories of Power at peace with the Government of India
Whoever commits depredation, or makes preparations to commit depredation, on the territories of any Power in alliance or at peace with the Government of India, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine and to forfeiture of any property used or intended to be used in committing such depredation, or acquired by such depredation.
Why this exists
This provision was included in the original 1860 IPC during British colonial rule, when the East India Company and later the British Crown maintained treaties and peace arrangements with neighboring princely states, tribal regions, and foreign powers. Private individuals or armed groups sometimes crossed borders to loot or raid these friendly territories, which could embarrass the government and damage diplomatic relations or trigger conflict. This section allowed the state to criminalize such private cross-border aggression, ensuring that ordinary citizens or groups could not drag the country into unwanted wars or disputes by their own violent actions against peaceful neighbors.
Common misconceptions
- Myth: This section only applies to soldiers or the military.
Fact: The law applies to any person, not just soldiers—ordinary civilians or private groups who raid a friendly foreign territory can also be prosecuted under this section. - Myth: You must actually complete the raid to be punished.
Fact: The law also punishes mere preparation to commit depredation, meaning planning or arranging for such a raid can attract punishment even if the raid never happens.