Waging War
Legal definition for Indian law research
Definition
Waging war, means and can only mean 'waging war in the manner usual in war'. In order to support a conviction on such charge, it is not enough to show that the persons charged have continued to obtain possession of an armoury and have, when called upon to surrender it, used the rifles and ammuni-tion so obtained against the King's troops, Mir Hasan Khan v. State, AIR 1951 Pat 60.
The expression 'waging war' means and can only mean waging war in the manner usual in war. In other words, in order to support a conviction on such a charge it is not enough to show that the persons charged have contrived to obtain posses-sion of armoury and have, when called upon to surrender it, used the rifles and ammunition so obtained against the government troops. 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 Government was to overwhelm and defeat these troops and then to go on and crush any further opposition with which they might meet until either the leaders of the movement succeeded in obtaining the possession of the machinery of government or until those in possession of it yielded to the demands of their leaders, Nazir Khan v. State of Delhi, (2003) 8 SCC 461 para (35).
The expression 'waging war' means and can only mean waging war in the manner usual in war. In other words, in order to support a conviction on such a charge it is not enough to show that the persons charged have contrived to obtain posses-sion of armoury and have, when called upon to surrender it, used the rifles and ammunition so obtained against the government troops. 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 Government was to overwhelm and defeat these troops and then to go on and crush any further opposition with which they might meet until either the leaders of the movement succeeded in obtaining the possession of the machinery of government or until those in possession of it yielded to the demands of their leaders, Nazir Khan v. State of Delhi, (2003) 8 SCC 461 para (35).
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