Chapter VI, Section 121 to Section 130 of the Indian Penal Code deals with offences against State. Section 121A and Section 124A were added to the code in 1870. The Indian Penal Code 1860 has made provisions to safeguard and preserve State's existence and has provided the most Severe punishment of the death sentence or life imprisonment and fine in case of offence against the state.
1) Waging, or attempting to wage war, or abetting waging of war, against the Government of India. 121.
Section 121 of the Indian Penal Code, 1860 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 and shall also be liable to fine.
Illustration :
A joins an insurrection against the Government of India. A has committed the offence defined in this section
Ingredients of Section 121:
To constitute the offence under Section 121 of the Indian Penal Code the following ingredients must exist:
(1) Accused must wage war, or
(2) Attempt to wage war
(3) Abet the waging of such war.
(4) Against the Government of India
The offence under Section 121 is cognizable, non-bailable, non-compoundable and triable by Court of Session.
2) Conspiracy to commit offences punishable by section 121:
Section 121A was added to the Indian Penal Code in 1870. It says that whoever within or without India conspires to commit any of the offences punishable under section 121, or conspires to overawe, by means of criminal force or the show of criminal force, the Central Government or any State Government, shall be punished with imprisonment for life, or with imprisonment of either description which may extend to ten years, and shall also be liable to fine.
Explanation -
To constitute a conspiracy under this section, it is not necessary that any act or illegal omission shall take place in pursuance thereof.
3) Collecting arms, etc., with intention of waging war against the Government of India:
Section 122 of the Indian Penal Code says that, Whoever collects men, arms or ammunition or otherwise prepares to wage war with the intention of either waging or being prepared to wage war against the Government of India, shall be punished with imprisonment for life or imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine.
Ingredients of Section 122:
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.
4) Concealing with intent to facilitate design to wage war:
Section 123 of the Code says that whoever, by any act, or by any illegal omission, conceals the existence of a design to wage war against the Government of India, intending by such concealment to facilitate, or knowing it to be likely that such concealment will facilitate, the waging of such war, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Ingredients :
Essentials Ingredients of Section 123 of the Indian Penal Code are as follows
(1) A person commits an act or illegal or mission;
(2) He thereby conceals the existence of a design to wage war against the Government of India.
(3) He intends by such concealment to facilitate the waging war or knows it to be likely that, such concealment will facilitate the waging of War.
The offence under section 123 is cognizable, non-bailable non-compoundable, and tribal by Court of Session.
5) Assaulting President, Governor, etc., with intent to compel or restrain the exercise of any lawful power. 124:
According to Section 124 of the Code Whoever, with the intention of inducing or compelling the President of India, or Governor of any State, to exercise or refrain from exercising in any manner any of the lawful powers of such President or Governor, assaults or wrongfully restrains, or attempts wrongfully to restrain, or overawes, by means of criminal force or the show of criminal force, or attempts so to overawe, such President or Governor, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
This section is an extension of the second clause of Section 124A, of the Indian penal code, which makes conspiracy to overawe by means of criminal force or show of criminal force Government of India or any state Government punishable.
The offence under section 123 is cognizable, non-bailable non-compoundable, and tribal by Court of Session.
6) Sedition:
Section 124A of the Indian Penal Code runs as follows:
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, a shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.
Explanation 1:
The expression "disaffection" includes disloyalty and all feelings of enmity.
Explanation 2:
Comments expressing disapprobation of the measures of the Government with a view to obtain their alteration by lawful means, without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.
Explanation 3:
Comments expressing disapprobation of the administrative or other action of the Government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.
Essential Ingredients of Sedition:
Following are the essential ingredients of this section:
1 ) Bringing to attempting to bring into hatred; or
2) Exciting or attempting to excite disaffection against the Government of India;
3) Such act or attempt may be done -
(a) by words, either spoken or written, or
(b) by any signs, or
(c) visible representation; and
4) The act must be intentional
The offence under this section is cognizable, non-bailable non-compoundable, and tribal by Court of Session.
7) Waging war against any Asiatic Power in alliance with the Government of India:
Section 125 of the Indian Penal Code says that whoever wages war against the Government of any Asiatic Power in alliance or at peace with the Government of India or attempts to wage such war or abets the waging of such war, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment of either description for a term which may extend to seven years, to which fine may be added, or with fine.
The offence under this section is cognizable, non-bailable non-compoundable, and tribal by Court of Session.
8) Committing depredation on territories of Power at peace with the Government of India:
Section 126 says that, Whoever commits depredation, or makes preparations to commit depredation, on the territories of any Power in alliance or at peace with the Government of India, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine and to forfeiture of any property used or intended to be used in committing such depredation, or acquired by such depredation.
The offence under this section is cognizable, non-bailable non-compoundable, and tribal by Court of Session.
9) Receiving property taken by war or depredation mentioned in sections 125 and 126 :
Section 127 of the Indian Penal Code says that whoever receives any property knowing the same to have been taken in the commission of any of the offences mentioned in sections 125 and 126, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine and to forfeiture of the property so received.
The offence under this section is cognizable, non-bailable non-compoundable, and tribal by Court of Session.
10) Public servant voluntarily allowing prisoner of state or war to escape:
According to Section 128 of the Indian Penal Code, whoever, being a public servant and having the custody of any State prisoner or prisoner of war, voluntarily allows such prisoner to escape from any place in which such prisoner is confined, shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
The offence under this section is cognizable, non-bailable non-compoundable, and tribal by Court of Session.
11) Public servant negligently suffering such prisoner to escape (Section 129):
Whoever, being a public servant and having the custody of any State prisoner or prisoner of war, negligently suffers such prisoner to escape from any place of confinement in which such prisoner is confined, shall be punished with simple imprisonment for a term which may extend to three years, and shall also be liable to fine.
The offence under this section is cognizable, bailable non-compoundable, and tribal by Magistrate of First Class
12) Aiding escape of, rescuing or harbouring such prisoner:
Section 130 of the Indian Penal Code says that, whoever knowingly aids or assists any State prisoner or prisoner of war in escaping from lawful custody, or rescues or attempts to rescue any such prisoner, or harbours or conceals any such prisoner who has escaped from lawful custody, or offers or attempts to offer any resistance to the recapture of such prisoner shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Explanation -
A State prisoner or prisoner of war, who is permitted to be at large on his parole within certain limits in India, is said to escape from lawful custody if he goes beyond the limits within which he is allowed to be at large.
The offence under this section is cognizable, non-bailable non-compoundable, and tribal by Court of Session.
See also
1) Right of Private Defence (Section 96 to 106 IPC) : Indian Penal Code 1860
2) Offences Relating to Weights and Measures (Indian Penal Code,1860)
3) Extortion : Offences against property (Indian Penal Code 1860)
4) Punishments under the Indian Penal Code,1860
5) Offences against Marriage (IPC)
1) Waging, or attempting to wage war, or abetting waging of war, against the Government of India. 121.
Section 121 of the Indian Penal Code, 1860 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 and shall also be liable to fine.
Illustration :
A joins an insurrection against the Government of India. A has committed the offence defined in this section
Ingredients of Section 121:
To constitute the offence under Section 121 of the Indian Penal Code the following ingredients must exist:
(1) Accused must wage war, or
(2) Attempt to wage war
(3) Abet the waging of such war.
(4) Against the Government of India
The offence under Section 121 is cognizable, non-bailable, non-compoundable and triable by Court of Session.
2) Conspiracy to commit offences punishable by section 121:
Section 121A was added to the Indian Penal Code in 1870. It says that whoever within or without India conspires to commit any of the offences punishable under section 121, or conspires to overawe, by means of criminal force or the show of criminal force, the Central Government or any State Government, shall be punished with imprisonment for life, or with imprisonment of either description which may extend to ten years, and shall also be liable to fine.
Explanation -
To constitute a conspiracy under this section, it is not necessary that any act or illegal omission shall take place in pursuance thereof.
3) Collecting arms, etc., with intention of waging war against the Government of India:
Section 122 of the Indian Penal Code says that, Whoever collects men, arms or ammunition or otherwise prepares to wage war with the intention of either waging or being prepared to wage war against the Government of India, shall be punished with imprisonment for life or imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine.
Ingredients of Section 122:
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.
4) Concealing with intent to facilitate design to wage war:
Section 123 of the Code says that whoever, by any act, or by any illegal omission, conceals the existence of a design to wage war against the Government of India, intending by such concealment to facilitate, or knowing it to be likely that such concealment will facilitate, the waging of such war, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Ingredients :
Essentials Ingredients of Section 123 of the Indian Penal Code are as follows
(1) A person commits an act or illegal or mission;
(2) He thereby conceals the existence of a design to wage war against the Government of India.
(3) He intends by such concealment to facilitate the waging war or knows it to be likely that, such concealment will facilitate the waging of War.
The offence under section 123 is cognizable, non-bailable non-compoundable, and tribal by Court of Session.
5) Assaulting President, Governor, etc., with intent to compel or restrain the exercise of any lawful power. 124:
According to Section 124 of the Code Whoever, with the intention of inducing or compelling the President of India, or Governor of any State, to exercise or refrain from exercising in any manner any of the lawful powers of such President or Governor, assaults or wrongfully restrains, or attempts wrongfully to restrain, or overawes, by means of criminal force or the show of criminal force, or attempts so to overawe, such President or Governor, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
This section is an extension of the second clause of Section 124A, of the Indian penal code, which makes conspiracy to overawe by means of criminal force or show of criminal force Government of India or any state Government punishable.
The offence under section 123 is cognizable, non-bailable non-compoundable, and tribal by Court of Session.
6) Sedition:
Section 124A of the Indian Penal Code runs as follows:
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, a shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.
Explanation 1:
The expression "disaffection" includes disloyalty and all feelings of enmity.
Explanation 2:
Comments expressing disapprobation of the measures of the Government with a view to obtain their alteration by lawful means, without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.
Explanation 3:
Comments expressing disapprobation of the administrative or other action of the Government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.
Essential Ingredients of Sedition:
Following are the essential ingredients of this section:
1 ) Bringing to attempting to bring into hatred; or
2) Exciting or attempting to excite disaffection against the Government of India;
3) Such act or attempt may be done -
(a) by words, either spoken or written, or
(b) by any signs, or
(c) visible representation; and
4) The act must be intentional
The offence under this section is cognizable, non-bailable non-compoundable, and tribal by Court of Session.
7) Waging war against any Asiatic Power in alliance with the Government of India:
Section 125 of the Indian Penal Code says that whoever wages war against the Government of any Asiatic Power in alliance or at peace with the Government of India or attempts to wage such war or abets the waging of such war, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment of either description for a term which may extend to seven years, to which fine may be added, or with fine.
The offence under this section is cognizable, non-bailable non-compoundable, and tribal by Court of Session.
8) Committing depredation on territories of Power at peace with the Government of India:
Section 126 says that, Whoever commits depredation, or makes preparations to commit depredation, on the territories of any Power in alliance or at peace with the Government of India, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine and to forfeiture of any property used or intended to be used in committing such depredation, or acquired by such depredation.
The offence under this section is cognizable, non-bailable non-compoundable, and tribal by Court of Session.
9) Receiving property taken by war or depredation mentioned in sections 125 and 126 :
Section 127 of the Indian Penal Code says that whoever receives any property knowing the same to have been taken in the commission of any of the offences mentioned in sections 125 and 126, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine and to forfeiture of the property so received.
The offence under this section is cognizable, non-bailable non-compoundable, and tribal by Court of Session.
10) Public servant voluntarily allowing prisoner of state or war to escape:
According to Section 128 of the Indian Penal Code, whoever, being a public servant and having the custody of any State prisoner or prisoner of war, voluntarily allows such prisoner to escape from any place in which such prisoner is confined, shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
The offence under this section is cognizable, non-bailable non-compoundable, and tribal by Court of Session.
11) Public servant negligently suffering such prisoner to escape (Section 129):
Whoever, being a public servant and having the custody of any State prisoner or prisoner of war, negligently suffers such prisoner to escape from any place of confinement in which such prisoner is confined, shall be punished with simple imprisonment for a term which may extend to three years, and shall also be liable to fine.
The offence under this section is cognizable, bailable non-compoundable, and tribal by Magistrate of First Class
12) Aiding escape of, rescuing or harbouring such prisoner:
Section 130 of the Indian Penal Code says that, whoever knowingly aids or assists any State prisoner or prisoner of war in escaping from lawful custody, or rescues or attempts to rescue any such prisoner, or harbours or conceals any such prisoner who has escaped from lawful custody, or offers or attempts to offer any resistance to the recapture of such prisoner shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Explanation -
A State prisoner or prisoner of war, who is permitted to be at large on his parole within certain limits in India, is said to escape from lawful custody if he goes beyond the limits within which he is allowed to be at large.
The offence under this section is cognizable, non-bailable non-compoundable, and tribal by Court of Session.
See also
1) Right of Private Defence (Section 96 to 106 IPC) : Indian Penal Code 1860
2) Offences Relating to Weights and Measures (Indian Penal Code,1860)
3) Extortion : Offences against property (Indian Penal Code 1860)
4) Punishments under the Indian Penal Code,1860
5) Offences against Marriage (IPC)
Where the conclusion....??
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