This article has been written by Srishti Singh, a 1st year student of BA LLB at the Army Institute of Law, Mohali.
INTRODUCTION
There are certain offences which can be committed against the state. The repercussions for these offences have to born by the individual or group of individuals who have committed the offence and subsequently, sabotaged the sovereignty of the state as a whole. The provisions for offences committed against the state have been made in the Indian Penal Code, 1860 in Chapter VI. Sections 121 to 130 deal with the various kinds of offences that can be committed against the state.
OFFENCES AGAINST THE STATE
According to the National Crime Records Bureau, all crimes are treated as offences against the State, or government, especially those acts which disturb public tranquility, national integration and public order. There are certain activities which are criminal in nature and are directed against the existence of the state itself, examples include treason, sedition and rebellion. These criminal activities are therefore, deemed to be ‘offences against the state.’ They are often cognizable, non-bailable and triable in Court of Sessions.
As per Chapter VI of the IPC, there are mainly five crimes which qualify as offences against the state. These are –
- Waging war
- Collection of arms
- Assault of High officials
- Escape of a state prisoner
- Sedition
All of these offences are discussed in detail below.
WAGING WAR, DEPREDATION AND OTHER RELATED OFFENCES
Waging war
Section 121 of the IPC deals with waging war, attempts of waging war or abetment in waging wars against the Government of India. This section states that whoever wages war, attempts to wage war or abets the waging of war against the government of India shall be punished with death sentence or life imprisonment and fine under the Code.
Basic rules adhering to the same –
- There’s no specific number of persons required to constitute an offence under this section.
- The number and nature of the equipment or arms used are not material to the commission of the offence.
- The real questions are whether the gathering assembled or not and whether the objective of the gathering was to attain control of a public object by force and violence to strike against the government authorities.
- Both the principal and the accessory receive the same punishment under this section.
In the Gorakhnath Temple Attack case of 2022, a special NIA court in Lucknow awarded death penalty to Ahmad Murtaza Abbasi under this section of the IPC.
Section 121A of IPC deals with persons who conspire to wage war against the government of India. To constitute an offence under this section, it is sufficient to prove that planning with the objective of waging war against the government of India has taken place, so the actual occurrence of the act is not necessary.
Waging War Against any Asiatic Power in Alliance with the Indian Government
Section 125 of the IPC makes waging war, attempts at waging war and abetment to the waging of such war against any Asiatic Power in alliance or at peace with the Government of India a cognizable and non-bailable offence. If anyone is found guilty of committing such offence, he shall be punished with life imprisonment to which fine may be added or with imprisonment for a term not exceeding seven years to which fine may be added or with fine.
Depredation with Friendly Nations
Depredation is an act of attacking or plundering. As per Section 126 of the IPC, if anyone commits the offence of depredation or makes preparations to commit depredation on the territories of any power which is in an alliance with or at peace with the Government of India shall be punished with imprisonment for a term not exceeding seven years and shall also be liable to pay fine and forfeit any property used or intended to be used in committing such depredation or acquired by such depredation.
Section 127 of the Code deals with the receipt of property taken by war or depredation as mentioned under Sections 125 and 126. It is stated here that if anyone receives any property knowing the same to have been taken in the commission of waging war against any nation at peace with India or depredation with friendly nations shall be punished with imprisonment of either description for a term which may extend to seven years and shall have to pay fine or forfeit the property received.
Concealing with Intent to Facilitate Design to Wage War
Section 123 states that if any person by any act or omission conceals the existence of a design to wage war against the Government of India with the intention to conceal such plan is liable to be punished under the IPC. He may be punished with imprisonment for a term not exceeding ten years and shall also be liable to fine.
In State (N.C.T of Delhi) vs Navjot Sandhu @ Afsan Guru [2005 11 SCC 600], famously known as the Parliamentary Attack case, five heavily armed men entered the Parliament House complex in an ambassador car with the intention of carrying out an attack on the same. However, due to timely reaction by the Security Personnel, the attack was prevented and after a gun-battle, the five assailants were killed. The Delhi High Court dismissed the appeals of the two appellants and confirmed the death sentence imposed on them.
COLLECTION OF ARMS
Section 122 of the IPC deals with the offence of collection of arms and ammunition with the intent of waging war against the government of India. It is stated here that whoever collects arms or ammunitions or prepares in any other way to wage war against the government of India shall be punished with life imprisonment or imprisonment for a term not exceeding ten years and shall also be made liable to pay a fine.
ASSAULT OF HIGH OFFICIALS
Section 124 of the IPC makes the assault of the President, Governors etc. a cognizable offence. It states that if anyone assaults or wrongfully restrains the President of India or the Governor of any state with the intention to induce or compel, to exercise or refrain from exercising their powers or even attempts to wrongfully restrain or overawe with the use of criminal force or with a show of using criminal force, shall be punished with imprisonment for a term of 7 years and a fine.
SEDITION
Section 124A of the IPC deals with the offence of sedition. It states that if anyone, through words which may be spoken or written or visibly represented or otherwise, brings or attempts to bring hatred or contempt or excites or attempts to excite disaffection against the Government of India shall be punished with life imprisonment or imprisonment for a term exceeding three years and/or shall be liable to pay fine. The term of imprisonment shall depend on the nature and gravity of the seditious statement made. The constitutional validity of the law governing the offence of sedition has been questioned several times over the past few decades.
In Emperor vs Ganesh Damodar Savarkar [(1910) 12 BOMLR 105], the court had held the appellant Ganesh Damodar Savarkar liable of sedition for publishing a series of poems which excited disaffection towards His Majesty.
ESCAPE OF PRISONERS OF STATE OR WAR
Escape of a State Prisoner
Section 128 of the Code deals with the punishment for public servants who voluntarily allow prisoners of the state or war to escape. It recognizes it to be a cognizable and non-bailable offence wherein he may be punished with imprisonment for life or imprisonment for a term not exceeding ten years and shall also be liable to fine.
When a state prisoner or prisoner of war escapes due to negligence of a Public Servant
It is stated under Section 129 of the IPC that if due to the negligence of a public servant, a State prisoner or a prisoner of war escapes from any place of confinement where he was confined, the public servant shall be held liable for the same. He may be punished with imprisonment for a term not exceeding three years and shall also be liable to pay fine. This is classified as a cognizable and bailable offence. It has to be tried by a magistrate of the First Class.
When anyone aids the escape of harbours state prisoners or prisoners of war
Section 130 of the IPC states that if anyone with complete knowledge aids or assists any state prisoner or prisoner of war to escape from lawful custody, rescues or attempts to rescue such prisoner, harbours or conceals such prisoner who has escaped from lawful custody or offers or attempts to offer any resistance towards the recapturing of such prisoner shall be punished with life imprisonment, or imprisonment not exceeding ten years and shall also be liable to pay fine. It is recognized as a cognizable and non-bailable offence by the Code and is triable in a Court of Session.
CONCLUSION
There are many types of offences that can be committed against the state and all of them are punishable under the IPC. The laws governing these offences play a major role in maintaining law and order and preventing the commission of any unlawful or un-peaceful activities which may threaten the sovereignty and security of the nation.
While these provisions have an important part to play, it has been seen over the years that the Government sometimes misuses these laws to punish and harass innocent people. Therefore, there is a dire need for regulating and thoroughly investigating cases where these laws come into play.
While the above fact cannot be ignored, we, as citizens also need to acknowledge the importance of these laws in maintaining peace and harmony in the nation. It is owing to these laws that we are able to sleep peacefully at night, and thus, the State deserves to have the power to regulate certain harmful activities which may threaten the security and public order of a diverse country like India.