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Old Sunday, January 02, 2011
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CHAPTER VI
OF OFFENCES AGAINST THE STATE
121. Waging or attempting to wage war or abetting waging of war against Pakistan:
Whoever wages war against Pakistan, 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
A joins an insurrection against Pakistan. A has committed the offence defined in this
section.
121-A. Conspiracy to commit offences punishable by Section 121: Whoever within or
without Pakistan conspires to commit any of the offences punishable by Section 121, or to
deprive Pakistan of the sovereignty of her territories or of any part thereof, or conspires to
overawe, by means of criminal force or the show of criminal force, the Federal

Government or any Provincial 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.
Explanation: To constitute a conspiracy under this section, it is not necessary that any act
or illegal omission shall take place in pursuance thereof.
Section 121-A ins. by the Penal Code (Amendment) Act, XXVII of 1870
122. Collecting arms, etc., with intention of waging war against Pakistan: 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 Pakistan, 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.
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 Pakistan,
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.
123-A. Condemnation of the creation of the State, and advocacy of abolition of its
sovereignty : (1) Whoever, within or without Pakistan, with intent to influence, or knowing
it to be likely that he will influence, any person or the whole or any section of the public, in
a manner likely to be prejudicial to the safety 2[or ideology] of Pakistan or to endanger the
sovereignty of Pakistan in respect of all or any of the territories lying within its borders,
shall by words, spoken or written, or by signs or visible representation abuse Pakistan or,
condemn the creation of Pakistan by virtue of the partition of India which was effected on
the fifteenth day of August, 1947, or. advocate the curtailment or abolition of the
sovereignty of Pakistan in respect of all or any of the territories lying within its borders,
whether by amalgamation with the territories of neighbouring States or otherwise, shall be
punished with rigorous imprisonment which may extend to ten years and shall also be
liable to fine.
(2) Notwithstanding anything contained in any other law for the time being in force, when
any person is proceeded against under this section, it shall be lawful for any Court before
which he may be produced in the course of the investigation or trial, to make such order
as it may think fit in respect of his movements, of his association or communication
with other persons, and of his activities in regard to dissemination of news, propagation of
opinions, until such time as the case is finally decided.
(3) Any Court which is a Court of appeal or of revision in relation to the Court mentioned in
sub-section (2) may also make an order under that sub-section.
Sec. 123-A ins. by the Pakistan Penal Code (Amendment) Act, VI of 1950.
123-B. Defiling or unauthorisedly removing the National Flag of Pakistan from
Government building, etc.: Whoever deliberately defile the National Flag of Pakistan,

or unauthorisedly removes if from any building, premises, vehicle or other property of
Government, shall be punished with imprisonment of either description for a term which
may extend to three years, or with fine, or with both.
Section 123-B ins. by the Criminal Law (Second Amendment) Ordinance. XLIII of 1984
124. Assaulting President, Governor, etc., with intention to compel or restrain the
exercise of any lawful power: Whoever, with the intention of including or compelling
the President of Pakistan, or the Governor of any Province, to exercise or refrain from
exercise in any manner of the lawful powers of the President, or Governor, assaults, or
wrongfully restrains, or attempts wrongfully to restrain or overawes, by means of criminal
force or the show of criminal force, or attempts so to overawe, the President, or Governor,
shall be punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine. ,
124-A. Sedition : Whoever by words, either spoken or written, or by signs, or by visible
representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites
or attempts to excite disaffection towards, the Federal or Provincial Government
established by law shall be punished with imprisonment for life to which fine may be
added, or with imprisonment which may extend to three years, to which fine may be
added, or with fine.
Explanation 1: The expression ".disaffection includes disloyalty and all feelings of-enmity.'
Explanation 2: Comments expressing disapprobation of the measures of the Government
with a view to obtain their alteration by lawful means, without exciting or attempting to
excite hatred, contempt or disaffection, do not constitute an offence under this section.
Explanation 3 : Comments expressing disapprobation of the administrative or other action
of the Government without exciting or attempting to excite hatred, contempt or
disaffection, do not constitute an offence under this section.
Section 124-A ins. by the Penal Code (Amendment) Act. XXVIl of 1870.
125. Waging war against any Asiatic Power in alliance with Pakistan : Whoever
wages war against the Government of any Asiatic Power in alliance or at peace with
Pakistan or attempts to wage such war, or abets the" waging of such war, shall be
punished with imprisonment for life to which fine may be added, or with imprisonment of
either description for a term which may extend to seven years, to which fine may be
added, or with fine.
126. Committing depredation on territories of Power at peace with Pakistan :
Whoever commits depredation, or makes preparations to commit depredation, on the
territories of any power, in alliance, at a peace with Pakistan, shall be punished with
imprisonment of either description for a term which may extend to seven years, and shall
also be liable to tine and forfeiture of any property used or intended to be used in
committing such depredation, or acquired by such depredation.

127. Receiving property taken by war or depredation mentioned in Sections 125
and 126 : Whoever receives any property knowing the same to have been taken in the
commission of any of the offences mentioned in Sections 125 and 126, 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 forfeiture of the property so received.
128. Public servant voluntarily allowing prisoner of State or war to escape :
Whoever, being a public servant and having the custody of any State prisoner or prisoner
of war, voluntarily allows such prisoner to escape from any place in which such prisoner is
confined, shall be punished with imprisonment for life or imprisonment of either description
for a .term which may extend to ten years, and shall also be liable to fine.
129. Public servant negligently suffering such prisoner to escape: Whoever, being a
public servant and having the custody of any State prisoner or prisoner of war negligently
suffers such prisoner to escape from any place of confinement in which such prisoner is
confined, shall be punished with simple imprisonment for a term which may extend to
three years, and shall also be liable to fine.
130. Aiding escape of, rescuing or harbouring such prisoner: Whoever, knowingly
aids or assists any State prisoner or prisoner of war in escaping from lawful custody, or
rescues or attempts to rescue any such prisoner; or harbours or conceals any such
prisoner who has escaped from lawful custody, or offers or attempts to offer any
resistance to the recapture of such prisoner shall be punished with imprisonment for life,
or with imprisonment of either description for a term which may extend to ten years, and
shall also he liable to fine.
Explanation: A State prisoner or prisoner of war, who is permitted to be at large on his
parole within certain limits in Pakistan, is said to escape from lawful custody if he goes
beyond the limits within which he is allowed to be at large.
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