Indian Penal Code (IPC): An explainer on Offences against the State
Updated: Dec 3, 2022
Offences against the state fall into the following groups:
Waging or attempting to wage war against the Government of India [Sec. 121, 121A, 122, 123]
Assaulting High Officials of the country [Sec. 124]
Sedition [Sec. 124A]
War against a power at peace with the Government of India OR committing depredations on such power [Sec. 125-126]
Aiding or abetting/harbouring a state prisoner [Sec. 128, 129,130]
Waging or attempting to wage war against the Government of India:
Section 121:Waging, or attempting to wage war, or abetting waging of war, against the Government of India:
This section essentially provides that whoever wages war against the government of India or attempts/ abets waging of such war shall be punished with death or imprisonment for life and shall be also liable to a fine under the Code.
Classification of this offence u/CrPC: It is cognizable, non-bailable and triable by the Court of Sessions. It also cannot be compounded
Relevant principles:
No specific amount of persons is necessary to constitute an offence under this section.
The number and nature of the equipment/arms are NOT material.
The true criterion is quo animo did the gathering assemble? The object of the gathering must be to attain by force and violence an object of general public nature to strike against the Government authorities.
Both the principle and the accessory suffer the same guilt (penalty) under this section.
“War” as mentioned in this section is not to be understood in the international sense i.e. it is not to be confused with the situations where one country attacks another. Section 121 is not viewed as punishing prisoners of war of a belligerent nation.
In Md. Jamiluddin Nasir v. State of West Bengal,
The Supreme Court observed inter-alia that not all violent behaviour would fall under the charge of ‘waging war’ i.e. this very concept shall not be stretched too far. A balanced and realistic approach should be taken while determining if an act constitutes the serious charge contemplated under this Section.
As observed in Nazir Khan v. State of Delhi:
In these cases, it is not enough to prove that the persons charged have colluded to obtain possession of the armoury and, when required to surrender, they retaliated by using such armoury against the state officials. It must also be proved that the seizure of armoury was a part and parcel of what was a planned move against the Government and that, they intended to overwhelm the said troops.
In NCT Delhi v. Afsan Guru:
Supreme Court Judge P. Venkatramana explained that the court conceives the term “wages war against the Government of India” naturally to import a person arraying himself in defiance of the Government in like manner and by like means as a foreign enemy would do.
In Md. Ajmal Md. Amir Kasab v. the State of Maharashtra
The court provided that in “waging war”, the intent of the enemy is not only to disturb the peace or kill people. A foreign enemy strikes at the sovereignty of the state and his conspiracy and subsequent actions are motivated by that animus itself.
Section 121A: This section punishes the person(s) who conspire to wage war against the Government of India with imprisonment for life or a term exceeding 10 years. To constitute a charge under this section, it is enough to show planning as the occurrence of the act is not relevant.
Classification of this offence u/CrPC: It is cognizable, non-bailable and triable by the Court of Sessions. It also cannot be compounded.
Section 122: Collecting arms, etc., with intention of waging war against the Government of India
This section punishes anyone who collects men/arms/ammunition or otherwise prepares to wage war against the Government of India with imprisonment for life or a term exceeding 10 years and shall be also liable to a fine.
Classification of this offence u/CrPC: It is cognizable, non-bailable and triable by the Court of Sessions. It also cannot be compounded.
--- Preparation consists of devising or arranging the means necessary for the commission of the offence. It differs from an attempt as the latter signifies a direct movement towards the commission of the act (after preparation). Even though there is a greater degree of determination in the attempt than there is in preparation (as held in K.V.R. v. State of Andhra Pradesh), the mere presence of the latter is enough to bring a charge under this Section of the Code.
Section 123: Concealing with intent to facilitate design to wage war
Anyone who by an act or by an illegal omission conceals the existence of a design (plan and its execution chalked out) to wage war against the Government of India intending to facilitate or knowing they are likely to facilitate, the waging of such war shall be imprisoned for at least 10 years and shall be also liable to fine.
Classification of this offence u/CrPC: It is cognizable, non-bailable and triable by the Court of Sessions. It also cannot be compounded.
Assaulting High Officials of the Nation:
Section 124: Assaulting President, Governor, etc., with intent to compel or restrain the exercise of any lawful power
This section punishes anyone who assaults or wrongfully restrains the President of India or the Governor of any state, intending to induce or compel, to exercise or refrain from exercising their legal powers OR
Attempts to wrongfully restrain or overawe the same employing criminal force or a show of criminal force, with a punishment for a term of 7 years imprisonment and fine.
Classification of this offence u/CrPC: It is cognizable, non-bailable and triable by the Court of Sessions. It also cannot be compounded.
Sedition
Section 124A: Sedition and its punishment- explained!
This section deals with anyone who by words, either spoken or written or by visible representation or otherwise, brings or attempts to bring hatred or contempt OR excites or attempts to excite disaffection towards the Government established by law in India shall be punished with imprisonment for life or a term exceeding 3 years (depending on the nature and gravity of such expression) and shall also be liable to fine (or just fine in most cases).
Thus, the two essentials aspects are:
Bringing or attempting to bring in hatred or contempt, or exciting or attempting to excite disaffection towards the Government of India.
Such act or attempt may be done,
By words (spoken or written)
By signs
By visible representations
Classification of this offence u/CrPC: It is cognizable, non-bailable and triable by the Court of Sessions. It also cannot be compounded
--- “Sedition” in itself is a comprehensive term and it embraces all those practices, whether by word or in the deed which are adjudged to disturb the tranquillity of the State and, lead ignorant individuals to subvert the Government and the laws of the land.
If an accused intended by his articles to excite rebellion or disturbance, his act would fall under this Section and, he may attract subsequent charges under the Code. If a publication (however strongly worded) expressing disapproval of the actions of the Government does not excite those feelings which generate the inclination to cause public disorder by acts of violence then it would not be Penal.
It is also not necessary that the accused must be the author of the publication (i.e. seditious material). Even if he distributes or delivers such materials to the mass, it would be sufficient to attract a charge under this Section [as held in Raghubir Singh Case (1987)]
Constitutional Validity of this Section:
The Supreme Court in Kedar Nath Singh v. the State of Bihar held that the offence discussed under Section 124A was not unconstitutional. The court believed that only when it is construed that the words (written or spoken) that have a pernicious tendency or intention of creating public disorder or disturbance of law and order, then it would fit the billing for a charge under this Section.
The court also held that a citizen has a right to say or write whatever he likes about the Government or its measures by way of criticism or comment, so long as it does not incite people to commit violence against the Government or create public disorder.
The enforcement of this Section has to strike a balance between fundamental rights (like Free speech under the Indian Constitution) and the interest of public order.
The Supreme Court, in a later order in Common Cause v. Union of India, ordered that the authorities, while dealing with an offence under Section 124A shall be guided by the various principles laid down in Kedar Nath Singh’s case.
Waging War against foreign powers:
Section 125: Waging war against any Asiatic power in alliance or at peace with the Government of India
In any circumstance, when any person or a group of persons commit or attempt to commit or wage war against any Asiatic power, which has international sovereignty and is either at peace with India or has formed some sort of military, political or economic or other such alliance with the Government of India.
This Section also provides that the abetment or attempt to commit the crime mentioned above is also punishable under this section. It provides that punishment of life imprisonment can be awarded under this section or punishment of up to 7 years of imprisonment along with a fine in certain cases.
Classification of this offence u/CrPC: It is cognizable, non-bailable and triable by the Court of Sessions. It also cannot be compounded
Section 126: Committing depredation on territories of Power at peace with the Government of India
The offence of depredation in friendly countries is covered under this Section. The friendly countries as mentioned must be in alliance with or at peace with the Government of India.
Any form of attack against the Government, the people of such country or their resources shall be considered as “depredation”. The commission or attempt to commit such offences in any of the territories or States as mentioned shall be punishable under this section.
A punishment of up to 7 years along with a fine is provided. Additionally, it is also mentioned that the property used for the commission of such a crime may also be forfeited as an extension of the punishment.
Classification of this offence u/CrPC: It is cognizable, non-bailable and triable by the Court of Sessions. It also cannot be compounded
##----It may be important to note that the powers of conviction of offences have a greater extent under Section 126, as compared to section 125. Section 125 is a subset of Section 126, as the friendly countries or countries that have an alliance with the Government of India, already contain the Asiatic powers as well.
Section 127: Receiving property taken by War or Depredation (as u/s 125,126)
This Section is an extension of Sections 125 and 126. Section 127 provides that the receipt of any property, caused or affected as a result of waging war or causing depredation in countries at peace with India or in some form of alliance with the Government of India is an offence punishable under this section of IPC.
The punishment for such an offence under this section extends up to 7 years of imprisonment along with a fine. Additionally, the property received by the offenders must be forfeited.
Classification of this offence u/CrPC: It is cognizable, non-bailable and triable by the Court of Sessions. It also cannot be compounded
Aiding or abetting the escape of a prisoner of war or the State:
Section 128: When a Public Servant voluntarily allows such escape
If a public servant having being charged with the custody of a prisoner of war or any state, voluntarily allows the latter to escape from any place where he is confined (kept) shall be punished with imprisonment for life or for a term which might extend to 10 years along with appropriate fine as may be prescribed.
Classification of this offence u/CrPC: It is cognizable, non-bailable and triable by the Court of Sessions. It also cannot be compounded
Section 129: When a Public Servant negligently suffers such escape
If a public servant having the custody of any State prisoner or prisoner of war, negligently suffers such prisoner to escape from any place of confinement where 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 word “negligently” indicates the existence of a duty of care or caution. With prisoners presumed to be always on the lookout for a way to escape the hands of justice, the existence of a dire legal duty is implied on the Public Servant. So any such negligence, cannot be left unpunished.
Classification of this offence u/CrPC: It is cognizable, bailable and triable by Magistrate of the First Class. It also cannot be compounded
Section 130: When anyone aids the escape or harbours, such prisoner
If anyone knowingly:
Aids or assists any State prisoner or prisoner of war in escaping from lawful custody,
Rescues or attempts to rescue any such prisoner,
Harbours or conceals any such prisoner who has escaped from lawful custody
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 10 years, and shall also be liable to fine.
Classification of this offence u/CrPC: It is cognizable, non-bailable and triable by the Court of Sessions. It also cannot be compounded