Waging war in the manner usual in war. The Supreme Court, while delivering judgment in Mir Hasan Khan vs. the State (AIR 1951 Pat. 60) case, explained waging war as follows: In its broad meaning, in order to support to a conviction on such a charge, it is not enough to show that the persons charged have contrived to obtain possession of an armoury and have, when called upon to surrender it, used the rifles and ammunition so obtained against the King’s troops.
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It must also be shown that the seizure of the armoury was part and parcel of a planned operation and that their intention in resisting the troops of the King was to overwhelm and defeat these troops and then to go on and crush any further opposition with which they might until either the leaders of the movement succeeded in obtaining possession of the machinery of Government or until those in possession of it yielded to the demands of their leaders.
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Reference:
Sections 121,121-A, 122 and 123 of the Indian Penal Code explain about Waging, or attempting or conspiracy to wage, or collecting men and ammunition to wage war against the Government of India. Chapter-VI of the-Penal Code explains the offences against the State.
According to Sec. 121 (Waging or attempting to wage war or abetting waging of war against the Government of India), 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. .
Illustration:
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A joins and insurrection against the Government of India. A has committed the offence defined in this Section.
According to Section 121-A (Conspiracy to commit offences punishable by Section 121), whoever within or without India conspires to commit any of the offences punishable by Section 121, or conspires to overawe, by means of criminal force or the show of criminal force, the Central Government or any State Government, shall be punished with imprisonment for life, or with imprisonment of either description which may extend to ten years, and shall also be liable to fine.
According to Section 122 (Collecting arms, etc., with intention of waging war against the Government of India), whoever collects men, arms or ammunition or otherwise prepares to wage war with the intention of either waging or being prepared to wage war against the Government of India, shall be punished with imprisonment for life or imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine.
According to Section 123 (Concealing with intent to facilitate design to wage war), whoever, by any act, or by any illegal omission, conceals the existence of a design to wage war against the Government of India, intending by such concealment to facilitate, or knowing it to be likely that such concealment will facilitate, the waging of such war, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
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Nature of offence under Sections 121,121-A, 122 and 123: Cognizable, non-bailable, non-compoundable, and triable by Court of Session.