Offences against State Under IPC section 121-130.

  1. Section 121-It basically says that whoever wages war against the government of India or attempts to wage such war or abets the waging of such war shall be punished with death or imprisonment for life shall also be liable to fine.

Ingredients of section 121-

-Accused must wage war 

-Attempt to wage war 

-Abet the waging of such war 

-Against the government of India

Under, Section 121 it has been made clear that ‘war’ is not conventional warfare between countries, however, joining or organising an insurrection against the Government of India is a form of war. Waging war is a way to accomplish any purpose of public nature by violence. In this offence waging war intention and purpose are considered to be the most important factors.

  1. Collecting arms with the intention of waging war against the Government of India-To invoke Section 122 of the Code following ingredient must be satisfied

    (1) A person collects a men, arms or ammunition, or otherwise prepares to wage war,; and

(2) He does so with the intention of either waging war against the  Government of India or being prepared to wage war against Government of India.

 The offence under Section 122 of The Indian Penal Code is Cognizable, non-compoundable, non-bailable and triable by Court of Session.

  1. Assault on a higher official –

Section 124 deals with an assault on the President, Governor and other members of the government. This is an extension of the second clause of section 121A which makes conspiracy to show criminal force to the Government of India or any State Government punishable and it specifically deals with the executive powers such as the President and the Governor. The principle that this section lies on is the one where the heads of the State should be free from fear of personal harm and injury while discharging their legal duties. This protection is not to be considered absolute and extends only as long as they discharge their official functions.

  1. Escape of a State Prisoner-

Section 128 to 130 deals with State prisoners; State prisoners are those who have been arrested to maintain peace and tranquillity with other friendly nations and for the security of the Indian State. Sections 128 & 129 make it an offence for a public servant to voluntarily allow a prisoner of State or war to escape. It is punishable with life imprisonment up to 10 years and fine. If the prisoner escapes due to the negligence of the public servant, this is punishable with simple imprisonment for a term up to three years and fine. Section 130 applies to all persons who aid and assist a state prisoner to escape, not just a public servant.

  1. Sedition –

Sedition in the ordinary sense means a stirring up of rebellion against the Government. Sedition is thus a crime against society frequently leading to treason. The essential ingredients of Section 124A are, there is a bringing or attempting to bring into hatred or exciting or attempting to excite disaffection against the Government of India, such act or attempt may be done by words, either spoken or written or by signs or by visible representation & this act must be intentional.

-Essentials of section  124A-

-Sedition can be made in various ways- by words, written or spoken, by signs, or by visible representation. Seditious deeds include music, publications, performances (films and puppets), sculptures, photographs, cartoons, paintings and any other method.

-Brings or attempts to bring into hatred or contempt -The expression ‘brings or attempts to bring into hatred or contempt’ attempts to not interfere or interfere less with the freedom of speech.

-Excite Disaffection-The term ‘disaffection’ includes disloyalty and all other feelings of enmity. In order to amount to sedition, an act of disaffection must be excited among the people. In other words, the feeling of disaffection must be stirred among the people of the State.

As per this Section, the disaffection can be excited in several ways, such as:

  • Poem,
  • Allegory,
  • Historical or philosophical discussion,Drama, etc.

In order to amount to sedition, the publication is necessary. The publication can be of any kind and manner, including posts.

-Government Established by law -This expression refers to the existing political system which includes the ruling authority and its representatives. In other words, it refers to the people who are authorised by law to administer the Executive Government in any part of India. It includes the State Government as well as the Central Government. 

An offence to come under this section must be directed toward the Government of India.

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