Offences Against The State under Indian Penal Code - Judiciary Exams PDF Download

Offences Against the State

• Criminal Activities Against the State: Specific criminal activities are directed against the State's existence itself. These include sedition, rebellion, and treason.
• Indian Penal Code, 1860, Chapter VI: The Indian Penal Code, 1860, contains Chapter VI (Section 121 to 130) which deals with offences against the state.
• Preservation of State: All citizens are presumed to be subjects of the state and are required to be loyal and respect its sovereignty to safeguard and preserve the State.
• Importance of Sections: Sections under the Indian Penal Code are crucial for maintaining public tranquillity, order, and national integration.

Section 121: Waging War Against the Government

Section 121 deals with waging or attempting to wage war against the Government of India.
Essentials for Constituting an Offence
An accused must fulfill certain criteria to be charged with waging war against the Government of India:

• Engaging in warfare

Understanding the Offense of Waging War Against the State

• Attempting to engage in war is considered a serious offense against the State.
• Encouraging or assisting in the waging of war is also punishable.
• Such actions must be directed against the State itself.

Explanation with Examples

• For instance, if an individual participates in an insurrection against the Government of India, they are in violation of this law.
• Any activities involving actual war, abetted war, or attempted war are all categorized as waging war.
• All three types of activities are met with the same level of punishment due to their severe nature as offenses against the State.

Abetment and its Legal Implications

• Abetment comes into play when actions are taken based on inciteful expressions or sentiments against the State.
• In the case of Mir Hasan Khan v. State of Bihar, conviction under this section required proof of planning to acquire weaponry and using it against the State's forces.

Legal Parameters and Consequences

• The offense under this section is recognized as cognizable, non-bailable, non-compoundable, and falls under the jurisdiction of the Sessions court.
• It's crucial to differentiate between waging war and rioting.

Distinguishing Waging War from Rioting

• Waging war is a broader act that targets the government for general purposes affecting the entire community.
• Rioting, in contrast, is more localized and aims at achieving private goals without challenging the government directly.
• The intent and purpose behind the aggression play a significant role in determining whether an act constitutes waging war against the State.

Section 121A of the Indian Penal Code

• The accused individuals, including foreign nationals, can be charged under Section 121A for attempting to disrupt the functioning of the Indian government.
• Waging war under this section does not only involve traditional military actions but also includes organizing rebellions against the government.
• Section 121A, added to the Indian Penal Code in 1870, deals with conspiracies related to offenses punishable by Section 121.
• This section encompasses two main types of conspiracies:
  • Conspiring to commit offenses under Section 121 within or outside India.
  • Conspiring to intimidate the government through criminal force.
• Even if an act does not amount to abetment, it can still be considered an offense under Section 121A if two or more individuals agree to commit an illegal act or a legal act via illegal means.
• Penalties for offenses under this section include imprisonment for ten years or life imprisonment along with fines, which can be imposed by both the Central and State governments.

Conspiracy under Section 122

• A conspiracy under Section 122 does not require any actual illegal act to occur.
• This section pertains to the collection of arms or preparation for waging war against the Government of India.
• Essentials under this section:
  1. A person gathers men, arms, or ammunition, or prepares for war.
  2. It must be done with the intention of waging war against or preparing for war against the Government of India.
  3. The accused must actively participate in the collection of men, arms, or ammunition.
• The intention to wage war must align with the preparation. Punishment involves life imprisonment or ten years' imprisonment with a fine.
• The offense is cognizable, non-compoundable, non-bailable, and triable by the Sessions court.

Concealment under Section 123

• Section 123 addresses concealing with the intent to facilitate a design to wage war through acts or omissions.
• Essentials of this section:
  1. A person hides a prepared design to wage war against the Government of India.
  2. The concealment aims to aid in the waging of war, or the person knows it will likely facilitate such war.
• Punishment includes imprisonment for ten years along with a fine.
• The offense is cognizable, non-bailable, non-compoundable, and triable by the Sessions court.

Example

• In the case of the Parliament attacks, the accused possessed information about a conspiracy and the terrorists' plan.
• His act of illegal omission made him liable under Section 123 as it facilitated the design to wage war.

Section 124: Offences against High Officials

• Section 124 of the Indian Penal Code addresses assaults on high-ranking officials with the intent to compel or restrain the exercise of their lawful powers.
• Offenders under this section use criminal force to assault, restrain, or wrongfully restrain these officials.
• This section serves as an extension of Section 124A.
• The key purpose is to ensure a fearless environment for high officials to perform their duties without fear for their safety.
• Penalty: Imprisonment for seven years and a fine.
• Legal Characteristics: Cognizable, non-bailable, non-compoundable, and triable by the Sessions court.

Section 124A: Offences of Sedition

• Section 124A of the Indian Penal Code deals with the offence of sedition.
• Originally proposed as Section 113 in Macaulay's draft Penal Code of 1837, it was incorporated into the Indian Penal Code in 1870.
• Sedition involves attempts through meetings, speeches, or publications to disrupt the State's tranquillity or incite hatred, contempt, or dissatisfaction towards the State.
• Actions constituting sedition include spoken or written words, signs, or representations aimed at generating discontent or animosity.
• Sedition is considered a crime against society.
• Explanation: Genuine criticism of the Government is permissible under this section. Criticism aimed at improving governmental policies without inciting hatred, contempt, or dissatisfaction does not amount to sedition.

Sedition Law in India

Interpretation of Sedition

• Sedition encompasses feelings of hatred, enmity, dislike, disloyalty, hostility, contempt, or any form of ill-will toward the government.

Controversy on Constitutional Validity

• The constitutionality of Section 124A has been debated since India's Constitution was enacted.
• Initially, concerns were raised that it infringed on Article 19(1)(a), which guarantees freedom of speech and expression.
• However, in 1951, an amendment was made (19(2)) to allow reasonable restrictions in the interest of public order.

Kedar Nath v. State of Bihar

• The Supreme Court settled the dispute in the case of Kedar Nath v. State of Bihar.
• It emphasized that maintaining the security of the State, crucial for law and order, is paramount.
• The court highlighted the delicate balance between protecting free speech and preventing its misuse to incite violence or public disorder.

Section 125 of the Code

• Section 125 of the Code pertains to waging war against an Asiatic Power allied with the Government of India, reflecting the international obligation to maintain peace and respect between nations.
• The key points of Section 125 include:
  • An Asiatic state with international influence.
  • A state other than India.
  • An alliance or peaceful relation with the Government of India.
• Penalties under Section 125 include life imprisonment, seven years' imprisonment with a fine, or solely a fine. The offense is serious, being cognizable, non-bailable, non-compoundable, and triable in the Sessions court.

Section 126

Section 126 deals with committing depredation on territories of nations at peace with India, where depredation involves attacking or plundering, causing widespread harm in the affected territory.

The essentials of Section 126 cover

• The accused must have committed or intended to commit depredation.
• The act should occur in territories at peace with the government.

Section 126: Punishment for waging war against the Government of India

• The punishment for this offense involves imprisonment for up to seven years, a fine, and potential forfeiture of any property used or acquired in the commission of the crime.
• Both the act itself and its preparation are penalized with the same severity.
• This offense is considered cognizable, non-bailable, non-compoundable, and falls under the jurisdiction of the Sessions court.

Section 127: Receiving property taken by war or depredation

• This section addresses the act of receiving property obtained through war or depredation as outlined in Sections 125 and 126.
• Essentials of Section 127:
  • The accused must have received some form of property.
  • The property in question must have been acquired through waging war or depredation against the Government of India.
• The penalty for violating this section includes a seven-year prison term, a fine, and the forfeiture of the received property.
• Any property received through waging war against an Asiatic power or committing depredation on peaceful territory is punishable under this provision.
• This offense is cognizable, non-bailable, non-cognizable, and falls under the jurisdiction of the Sessions court.
• One of the main objectives of this section is to prevent individuals who have received such properties through offenses detailed in Sections 125 and 126 from using Indian territory as a safe haven.
• Conviction under this section does not necessitate prior prosecution or conviction under Section 125 or 126.
• Escape of a State Prisoner
  • A state prisoner is an individual whose detention is deemed essential to safeguard India's security against internal disturbances and external threats.

Section 128

• Section 128 of the Code focuses on a scenario where a public servant deliberately allows a prisoner to escape from custody. If a public servant, entrusted with the care of a prisoner, intentionally permits the prisoner to escape from confinement, they are subject to severe penalties. This includes life imprisonment or imprisonment for up to ten years, in addition to being fined.
• The term "public servant" in this context corresponds to its definition in Section 21 of the Code. Similarly, "voluntarily" is interpreted as defined in Section 39 of the Code.

Section 129

• Section 129 addresses situations where a public servant negligently allows a prisoner under their custody to escape. 
• In cases of negligence leading to a prisoner's escape from confinement, the public servant may face imprisonment for a term of up to three years, along with a fine. 
• The nature of this offense is characterized by negligence.

Section 130

• Section 130 pertains to the act of aiding, rescuing, or harboring prisoners of war. 
• Any individual who knowingly assists in the escape of a prisoner of State or war, attempts to rescue, harbors, conceals, or resists the recapture of such a prisoner, is liable to be punished with either life imprisonment or imprisonment for a maximum of ten years, along with a fine.

Key Points

• Section 128: Voluntary escape facilitation by a public servant
• Penalties under Section 128: Life imprisonment or up to ten years of imprisonment and a fine
• Definition of "public servant" and "voluntarily" as per the Code
• Section 129: Negligent escape facilitation by a public servant
• Penalties under Section 129: Imprisonment for up to three years and a fine
• Characterization of the offense under Section 129 as a result of negligence
• Section 130: Aiding, rescuing, or harboring prisoners of war
• Penalties under Section 130: Life imprisonment or imprisonment for a maximum of ten years and a fine

Conclusion

• This section encompasses a broad provision that is not restricted solely to the liability of public servants, unlike sections 128 and 129 of this Code. It delineates various actions as offenses, including knowingly aiding, assisting, rescuing, harboring, concealing, offering resistance, or attempting any of these acts.
• If a State prisoner on parole exceeds the specified limits within the Indian territory, they are considered to have escaped custody.