IPC Section 126 and BNS Section 154: Committing Depredation on Foreign Territories
Section 126 of the Indian Penal Code, 1860 addressed depredation on the territory of a power allied with or at peace with India. Its corresponding provision under the Bharatiya Nyaya Sanhita, 2023 is Section 154, which governs offences under the new criminal law framework.
What is depredation under IPC Section 126?
In this context, depredation generally means violent raiding, plundering or destructive appropriation directed against territory or property. The provision extends beyond completed depredation to preparations to commit it. Whether particular conduct constitutes depredation or punishable preparation must be assessed on the facts and the statutory language.
Text and meaning of former Section 126 IPC
Section 126, Indian Penal Code, 1860 — 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 by such depredation.
Current law: Section 154 of the Bharatiya Nyaya Sanhita, 2023
Section 154 BNS, titled Committing depredation on territories of foreign State at peace with Government of India, penalises committing or preparing to commit depredation on the territory of a foreign State at peace with India. It provides imprisonment of either description up to seven years, liability to a fine, and forfeiture of property used or intended for the depredation or acquired through it.
The newer provision uses the expression foreign State at peace with the Government of India instead of the IPC wording referring to a Power in alliance or at peace with India. Read the official BNS text published by India Code for the precise statutory wording.
Essential ingredients of the offence
- Relevant foreign territory: The alleged conduct concerns the territory of a foreign State at peace with the Government of India.
- Depredation or preparation: The person commits depredation or makes preparations to commit it. A completed raid is not necessary where punishable preparation is proved.
- Proof of the alleged acts: The prosecution must establish the factual elements of the offence and the accused person's involvement in accordance with criminal law.
Punishment and forfeiture
| Issue | Legal position |
|---|---|
| Imprisonment | Either description, up to seven years |
| Fine | Also liable to fine |
| Forfeiture | Property used or intended for depredation, or acquired by depredation, is liable to forfeiture |
| Current substantive provision | Section 154, Bharatiya Nyaya Sanhita, 2023 |
| Earlier provision | Section 126, Indian Penal Code, 1860 |
Difference between IPC Section 126 and BNS Section 154
The principal continuity is that both provisions criminalise depredation and preparation to commit depredation and prescribe substantially the same punishment and property consequences. The principal textual change is the description of the protected foreign territory. Section 154 should be used for conduct governed by the BNS; Section 126 remains relevant to historical conduct and proceedings preserved by law.
Related offences and provisions
Former IPC Section 125 / BNS Section 153: These concern waging war against the government of a foreign State at peace with India, a distinct offence from depredation. Former IPC Section 127 / BNS Section 155: These concern knowingly receiving property taken through specified acts of war or depredation. The offences have separate statutory requirements.
Frequently asked questions
What is the new BNS section corresponding to IPC Section 126?
Section 154 of the Bharatiya Nyaya Sanhita, 2023.
Is preparation to commit depredation punishable?
Yes. Both former IPC Section 126 and current BNS Section 154 expressly include making preparations to commit depredation.
What is the maximum prison term?
Imprisonment of either description for up to seven years, along with liability to fine and the specified property forfeiture.
Does IPC Section 126 still apply?
The IPC was repealed with the introduction of the BNS on 1 July 2024, but its provisions can remain relevant to earlier conduct and saved legal proceedings. The date and circumstances of the alleged offence matter.
Official legal references
- Bharatiya Nyaya Sanhita, 2023 — official India Code PDF
- Bharatiya Nyaya Sanhita, 2023 — India Code Act record
- National Crime Records Bureau — BNS chapter and section reference
Disclaimer: This article provides general legal information, not case-specific legal advice. Consult the operative legislation and a qualified legal professional for a particular matter.