IPC Section 126 - Committing 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 thereby.

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Non-bailable, Cognizable

Official Text

“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 thereby.”

Legal Analysis

Elements to Prove:

  • The Act: The accused committed or prepared to commit "depredation" (plundering/raiding).
  • The Target: The act was on the territories of a Power.
  • The Relationship: That Power is at peace with or in alliance with the Government of India.

Potential Defenses:

  • A defendant would likely argue that their act, while criminal, was a simple theft or robbery and did not rise to the level of organized depredation.
  • They could also challenge the evidence linking them to the preparation or the act itself.

Practical Examples

What Constitutes the Offense:

A group of armed individuals from India organizes a raid on a border village in Nepal. They attack the village, steal livestock and valuables, and then retreat back into India. This act of organized plundering is "depredation."

What Doesn't Constitute:

An individual smuggling goods across the border. A simple case of cross-border theft by one or two people without organized force. These acts lack the scale and nature of a "raid" or "pillage" that "depredation" implies.

Important Case Laws

Seldom-Used Provision

Similar to Section 125, this is a seldom-used provision with scarce case law. The term "depredation" is key and means to plunder, raid, or pillage. The section was historically aimed at preventing organized bands of raiders from British India from attacking and looting territories of neighboring friendly princely states or countries.

Punishment

Imprisonment for up to 7 years, Fine, and Forfeiture of Property

Related Information

Connected Sections:

This section is a lesser offense compared to §125. While §125 deals with waging war to overthrow a government, §126 deals with raiding and plundering its territory. It is directly linked to §127 (Receiving property taken by war or depredation), which punishes those who knowingly receive the loot from such acts.

Procedural Aspects:

Requires sanction from the Central Government for prosecution. The case is triable by a Court of Session.

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