Offences against the State under Indian Penal Code

Sections 121-130 i.e. offences against the State under Indian Penal Code, 1860 being explained. What is Sedition?

1. OFFENCES AGAINST THE STATE (sec 121 to 130) INDIAN PENAL CODE, 1860 PRESENTED TO: MR. SUMIT MAHESHWARI PRESENTED BY: SWASTI CHATURVEDI B.B.A. LL.B. V SEM SEC- ‘B’

2. INTRODUCTION: There are some criminal activities that are directed against the existence of the State itself viz. treason, sedition and rebellion . Chapter VI of the Indian Penal Code, extending over twelve sections from 121 to 130, there being two additional sections 121-A and 124-A, deals with offences against the State.

3. SECTION 121: Waging or attempting to wage war, or abetting waging of war, against the Government of India . (Punish m ent- death, or imprisonment for life, and shall also be liable to fine) Waging- conducting Attempting to wage war Abetting (encourage/assist) waging of war Essential features: The object to be accomplished must be of a public nature. There must be a direct strike against the government’s authority.

4. SECTION 121A: Whoever within or without India conspires to commit any of the three kinds of offences punishable under section 121, that is to say, waging war against the Government of India, or attempt to wage such war, or abetment of waging such war, shall be punishable under this section . (Punishment- life imprisonment, or imprisonment which may extend to ten years and also liable to fine)

5. SECTION 122: Collection of men , arms or ammunition by someone, or preparation done to wage war with the intention of waging war or with the intention of being prepared to wage war against the Government of India. SECTION 123: Concealing the existence of a design to wage war against the Government of India by any act or illegal omission, with the intention by such concealment to facilitate the waging of such war, or with the knowledge that it is likely that such concealment is likely to facilitate waging of such war. SECTION 124: Committing assault or wrongful restraint of, or attempting to commit wrongful restraint of, or overawes by means of criminal force or the show of criminal force, or attempting to overawe by means of criminal force or the show of criminal force, the President of India or the Governor of any State, with the intention of inducing him or compelling him to exercise or refrain from exercising in any manner any of his lawful powers.

6. SECTION 124A: 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 Government established by law in India, shall be punished with imprisonment which may extend to three years, to which fine may be added, or with fine. Disaffection- disloyalty or hostility Disapprobation- disapproval Latest controversies related to Sedition: Cartoonist Aseem Trivedi case 60 Kashmiri students case Akbaruddin Owaisi case Kanhaiya Kumar case Sedition charge against celebrities

7. Kashmiri Students who cheered for Pakistan in a cricket match One of the controversial cartoons by Aseem Trivedi Kanhaiya Kumar who along with other student leaders arrested for raising anti-national slogans Akbaruddin Owaisi while m aking controversial re m arks Celebrities who were charged under Sedition

8. SECTION 125: Waging war, or attempting to wage war against the Government of any Asiatic power, which in alliance with, or which is at peace with, the Government of India. SECTION 126: Committing depredation, or making preparations to commit depredation, on the territories of any Power in alliance or at peace with the Government of India. SECTION 127: Receiving property taken by war or depredation mentioned in Sections 125 and 126.This Section partly takes care of a circumstance which may result out of an offence committed under either section 125 or 126 of the Code.

9. SECTION 128: Being a public servant and having the custody of a state prisoner or prisoners of war, voluntarily allowing such a prisoner to escape from his place of confinement. SECTION 129: Being a public servant and having the custody of any State prisoner or prisoner of war, negligently suffering such prisoner to escape from any place of confinement in which such prisoner is confined. SECTION 130: Whoever aids or assists any state prisoner or prisoner of war in escaping from lawful custody with the knowledge that the person he is helping is a state prisoner or prisoner of war, or rescues or attempts to rescue with such knowledge, or harbours or conceals any such prisoner, offers or attempts to offer any resistance to the recapture of such prisoner shall be punished.

10. CASE LAWS: Baruindra Kumar Ghose v. Emp. (1909) 37 Cal. 467 S.H. Jhabwala v. Emp. (1933) 55 All 1040 Kedar Nath v. State AIR 1962 SC 955 Bijoe Emmannel v. State AIR 1987 SC 748

11. CONCLUSION: A total of 571 cases of offences against the State (under sections 121, 121A, 122, 123, 124A, 153A and 153B of IPC) were registered during 2015, showing an increase of 11.5% over previous year 2014 (512 cases). Relatively high number of such cases were registered in Uttar Pradesh (60 cases) followed by Telangana (54 cases), Andhra Pradesh (50 cases), Karnataka (49 cases), Kerala (45 cases) and Tamil Nadu (41 cases) during 2015. A total of 1,179 persons (consisting of 1,154 males and 25 females) were arrested in connection with such offences committed against State during 2015.