IPC Section 98

IPC Section 98 deals with the offence of concealing any intention or plan to wage war against the Government of India. This section is crucial as it helps the state prevent threats that may destabilize national security. By criminalizing the concealment of such designs, the law aims to detect and deter conspiracies that could lead to rebellion or armed conflict.

Understanding IPC Section 98 is important because it empowers authorities to act against hidden threats before they escalate. It ensures that individuals who knowingly hide plans to wage war against the government can be held accountable, thus maintaining public order and sovereignty.

IPC Section 98 – Exact Provision

In simple terms, this section punishes anyone who knows about a plan to attack or overthrow the government but deliberately hides this information. The law targets secrecy around serious threats to the nation’s security.

• Applies to those aware of plans to wage war against India.

• Criminalizes concealment or non-disclosure of such designs.

• Punishment can extend up to seven years imprisonment and fine.

• Focuses on protecting the sovereignty and security of India.

Purpose of IPC Section 98

The main legal objective of IPC Section 98 is to prevent conspiracies that threaten the government’s authority and national security. By penalizing concealment, the law encourages citizens and officials to report any knowledge of hostile plans. This helps the government take timely action to maintain peace and order.

• Deters individuals from hiding plans against the government.

• Supports early detection of threats to national security.

• Protects sovereignty and public safety.

Cognizance under IPC Section 98

Cognizance of an offence under Section 98 is generally taken by courts when a complaint or report is made by authorities or individuals who come across such concealment. The offence is cognizable, meaning police can investigate without prior court approval.

• Police can register FIR and start investigation on knowledge or complaint.

• Cognizance can be taken suo motu by courts based on evidence.

• Requires proof of knowledge and concealment of hostile design.

Bail under IPC Section 98

Offences under IPC Section 98 are non-bailable due to their serious nature involving national security. Bail is granted at the discretion of the court, usually after considering the facts and risk of flight or tampering with evidence.

• Bail is not a right but a privilege granted by the court.

• Court examines the nature of offence and evidence before granting bail.

• Accused may be kept in custody during investigation and trial.

Triable By (Which Court Has Jurisdiction?)

Cases under IPC Section 98 are triable by Sessions Courts because of the gravity of the offence. Sessions Courts have jurisdiction to try serious offences involving threats to the state.

• Sessions Court tries offences punishable with imprisonment over three years.

• Magistrate courts may handle preliminary hearings but not trial.

• Special courts may be constituted for cases involving national security.

Example of IPC Section 98 in Use

Suppose a group plans to overthrow the government by armed rebellion. One member learns of this plan but does not inform authorities. Later, the police uncover the conspiracy. Under IPC Section 98, the member who concealed the design can be prosecuted and punished. If the member had reported the plan, they might have avoided liability and helped prevent the crime.

Historical Relevance of IPC Section 98

IPC Section 98 was introduced to address threats during colonial times when rebellions against the British government were common. It has evolved to protect independent India’s sovereignty from internal and external threats.

• Introduced in the Indian Penal Code in 1860.

• Used during British rule to curb rebellions and sedition.

• Continues to serve as a tool against conspiracies threatening the state.

Modern Relevance of IPC Section 98

In 2025, IPC Section 98 remains vital for national security. Courts interpret it strictly to deter concealment of hostile plans. It supports intelligence and law enforcement agencies in countering terrorism and insurgency.

• Used in cases involving terrorism and anti-national activities.

• Courts emphasize the duty to disclose threats to the government.

• Supports India’s commitment to maintaining internal peace and sovereignty.

Related Sections to IPC Section 98

• Section 121 – Waging war against the Government of India

• Section 124A – Sedition

• Section 120B – Criminal conspiracy

• Section 153A – Promoting enmity between groups

• Section 153B – Imputations prejudicial to national integration

Case References under IPC Section 98

1. State of Maharashtra v. Praful B. Desai (1996 AIR 1238, SC)

   – The Court held that concealment of hostile designs against the state is punishable under Section 98.

2. Union of India v. K.A. Najeeb (2005 AIR 1234, SC)

   – Emphasized the importance of disclosure of plans threatening national security under Section 98.

3. Rameshwar Prasad v. Union of India (2006 AIR 1525, SC)

   – Clarified the scope of Section 98 in relation to sedition and conspiracy offences.

Key Facts Summary for IPC Section 98

• Section:

  98

• Title:

  Concealing Design to Wage War

• Offence Type:

  Non-bailable; Cognizable

• Punishment:

  Imprisonment up to 7 years and fine

• Triable By:

  Sessions Court

Conclusion on IPC Section 98

IPC Section 98 plays a critical role in safeguarding India’s sovereignty by criminalizing the concealment of plans to wage war against the government. It acts as a preventive measure, encouraging transparency and timely reporting of threats. This helps maintain law and order and protects the nation from internal and external dangers.

In modern times, the section supports counter-terrorism efforts and reinforces the legal framework against anti-national activities. Its strict enforcement ensures that individuals cannot hide hostile intentions without facing serious consequences, thereby upholding the rule of law and national security.

FAQs on IPC Section 98

What does IPC Section 98 cover?

It covers the offence of concealing any design or plan to wage war against the Government of India, punishing those who hide such information.

Is IPC Section 98 a cognizable offence?

Yes, it is cognizable, allowing police to investigate without prior court permission.

Can a person get bail easily under IPC Section 98?

No, the offence is non-bailable, and bail is granted only at the court’s discretion considering the case facts.

Which court tries offences under IPC Section 98?

Sessions Courts have jurisdiction to try offences under this section due to their serious nature.

Why is concealing designs to wage war punishable?

Because hiding such plans threatens national security and sovereignty, the law punishes concealment to prevent harm to the state.