Ipc No. 1

 

SVKM’s  

JITENDRA CHAUHAN COLLEGE OF LAW

LAW OF CRIMES ASSIGNMENT NO. – 1

 A STUDY OF OFFENCES AGAINTS THE STATE 

SUBMITTED BY: NIRAV HITESH DOSHI

F.Y.LL.B Academic Year: 2019 – 2020

ROLL NO: C - 130 SUBJECT: LAW OF CRIMES SEMESTER: II

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ACKNOWLEDGEMENT   I record record my deep sense sense of obligatio obligation n and gratitud gratitudee to the Profes Professor sorss of Jitendra Chauhan College of Law,  Mumbai, for their constant guidance and persistent encouragement in the

 preparation of this humble research. It is my pious duty to express my deep obligation towards my respected teacher’s for their kindness, grace and many sided benevolences. I am deeply indebted to all Indian and foreign writers and judges whose writings and decision have been duly cited in this work and have given me inspiration and light for preparing this work. I acknowledge my gratitude to those authors also, whose works, though might not have  been citied in this research, and helped me enormously in formulating my views and enriching my thoughts. I extend my cordial gratitude to my parents and all family members. I express my gratitude to the Librarian and all other staff member of Law Library of Jitendra Chauhan College of Law, Mumbai,  for their Co-operation.

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Table of Contents

INTRODUCTION....................... INTRODUCTION........... ....................... ....................... ....................... ...................................... ...........................4 4 OFFENCES AGAINST THE STATE..................... STATE................................. ....................... .....................4 ..........4 CONSTITUTIONAL CONSTITUTIONA L VALIDITY OF SECTION 124A..........................9 124A..........................9 CASE STUDY.................. STUDY............................. ....................... ....................... ....................... ....................... ..........................9 ...............9 CONCLUSION............ CONCLUSION. ....................... ....................... ....................... ....................... ....................... ....................... .................10 ......10 BIBLIOGRAPHY............ BIBLIOGRAPHY. ...................... ....................... ....................... ....................... ....................... .........................10 ..............10

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INTRODUCTION

Criminal law is a body that defines the acts which are illegal and can affect the individual,  property, society. Crime threatens and harms public welfare and safety. Moreover, criminal law is different from civil law as the latter emphasizes more on providing resolution rather than  punishment. Whenever a crime happens and an d that too intentionally, there is a full-fledged process or stages behind it. In case of every crime, Firstly there is an intention to commit it, Secondly,  preparation to commit it, Thirdly, attempt to commit it and Lastly Lastly the accomplishment. All crimes are trearted as offences against the state, or government, insofar as these acts/actions disturb the public tranquility, national integration and public order. But there are some criminal activities that are directed against the existence of the state itself viz. treason, sedition and rebellion. Thuss cases Thu cases reported reported under section sectionss 121, 121A, 122, 123, 124A, 153A, and 153B of Indian Penal Code (IPC) have been categorized as ‘Offences against the state. As these offences are

detrimental to state security and it disturb tranquility in the society and prejudicial to national integration.1

OFFENCES AGAINST THE STATE

Since Since time time im imme memo mori rial al,, ther theree have have be been en offe offence ncess co comm mmit itte ted d ag agai ains nstt th thee st stat atee and and in correspondence to this, there have been laws that have been enacted to safeguard and preserve the State. State. These can be in the nature of waging war, sedi sedition tion and many more. The stat statee has outlined what composes as an offence which is against the sovereignty and integrity of the state. Chapter VI of the Indian Penal Code from sections 121-130 deals with offences against the State.  States have enacted laws to protect themselves and safeguard their interests on the

 presumption that every citizen owes an allegiance to the State and has to abide by its sovereignty.

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 The Indian Penal Code, Ratanlal & Dhirajlal, 33rd edition

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The offences mentioned in Chapter VI can be broadly classified in four categories owing to their  nature and gravity. i.

Wagi Waging ng War War ( aga again inst st the the Gov Gover ernm nmen entt of of Ind India ia and and any any powe power) r)

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Assault on high officials

iii. iv.

Escape of a state prisoner Sedition

WAGING WAR  Protec Pro tectin ting g citize citizens ns from from extern external al attacks attacks is the primar primary y respons responsibi ibili lity ty of every every country country,, especially in the case of war, protecting the country becomes a top priority. In the form of  monarchial government, the right to preserve the country is elevated to a sacred right, so violence against the country is considered an affront to the power, kingship, dignity and majesty of the country. When the throne is in the sky, the invisible God. The treason law is protected and upheld, and provides for the most severe death penalty for such acts. The Indian Penal Code incorporates the concept of common law to protect the country and provides for severe penalties for such crimes, including the death penalty, life imprisonment and fines. Section 121 to Section 123 of the Code deals with waging war against the Government of India.

Here, the phrase ‘Government of India’ is used in a much wider sense, that is, to imply the Indian State which derives the right and power of authority from the will and consent of its  people. In other words, this expression signifies that although the State derives the power of  authority from Public International Laws, however, such authority is vested by the people of the territory and is exercised by the representative government. The main ingredients of Section 121 are the accused must wage war or attempt to wage such war or abet the waging of war against the Government of India. A plain study of this section displays for us that it deals with three aspects of waging war. This section applies to everyone whetherr a citizen whethe citizen or a foreigner, foreigner, a foreigner foreigner is liable on the principle principle of de jure gentium  gentium  which means allegiance and protection is reciprocally due from subject and sovereign. A feature that stands out in this section is that it places at par all the three stages of waging war. For the purpose purpose of punishment, punishment, the distinction distinction has been made between between the three. three. However, However, the 5

 

legislature treats all in the same manner. The offence of abetment under this section is unique and a complete offence. It is seen in the case of  Mir Hasan Khan Khan v. State of Bihar 2, to be convicted under this section it must be proved that the person has planned to obtain possession of an armory and has used the rifles and ammunitions against the State troops, but also that the seizure of the armory was part and parcel of a planned action. It is important to note that there is a difference between rioting and waging war,  rioting is

an offence against public tranquilli tranquillity ty and defined defined in Chapter VII under section 146 of the IPC. It is sometimes difficult to distinguish between the two but the code lays down the

differences. Rioting is usually to accomplish some private purpose, by the people engaged in it and not to resist or call into question the government’s government’s authority, authority, no matte matterr how large the mob might be. Section 121A was inserted in the code by the Indian Penal Code (Amendment) Act, 1870 . This broadened the scope to punish even a conspiracy to wage war against the State. This section finds its foundation in the English law of the Treason Felony Act, 1848. Section 122 makes the very act of collecting arms in preparation to wage war against the Government of  India punishable depending on the gravity and seriousness of the nature of the offence.

 ASSAULT HI GHER OFFI OFFICIAL CIAL  ASSAULT ON A HIGHER 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 head headss 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. 3 The ingredients of this Section are:

 AIR 1951 Pat 60  Supra note 1

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The accused should have assaulted the President or the Governor of any State; or 

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The accused should have wrongfully restrained the President or the Governor; or 

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The accused attempted to assault or wrongfully restrain the President or the Governor; or 

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The accused attempts to instigate or influence the President or the Governor with force or show of force with an intention to compel them from exercising or refraining from exercising their powers.

ESCAP E OF ESCAPE O F A STA STATE PRISON P RISONER  ER  Section 128 to 130 deals with State prisoners; State prisoners are those who have been arrested

to maintain peace and tranquility 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. Section 128 of the IPC deals with ‘public servants voluntarily allowing prisoners of State or war 

to escape’. Section 129 of the IPC deals with ‘public servant negligently causing the prisoner of State or 

war to escape’. Section 130 of the IPC deals with the ‘any person who aids or assists the escape of, rescuing, or 

harbouring of a prisoner of State or the war to escape’. This Section is more extensive as compared to Section 128 and 129.4

SEDITION The law of sedition was introduced in India through section 124A. It was originally section 113 of Lord Macaulay’s draft of the Indian Penal Code of 1837. It was proposed to be included, but for unaccountable reasons it was omitted from the Penal Code when the IPC was enacted in

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 https://www.writingla https://www.writinglaw.com/chapter-vi w.com/chapter-vi-121-130-of-ipc-of -121-130-of-ipc-offences-against-the fences-against-the-state/ -state/  

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1860. 186 0. Howeve However, r, this this was changed changed by the Indian Indian Penal Penal Code (Amendm (Amendment ent)) Act, Act, 1870. 1870. As observed by Sinha CJ, law regarding sedition is based on the principle that :‘every State, whether its form of Government, has to be armed with the power to publish those who by their conduct, jeopardize the safety and stability of the State, or disseminate such  feelings of disloyalty as tend to lead to the disruption of the state or public public disorder’  Section 124A5 deals with sedition. Under this Section, any person who by: 

Words, written or spoken; or 

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Signs; or 

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Visible representations; or 

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Otherwise;

Brings or even attempts to bring hatred or excites disaffection (including the feeling of enmity and disloyalty) towards the Government of India, is punishable with: 

Life imprisonment along with a fine in certain cases; or 

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Imprisonment for up to three years along with a fine in certain cases; or 

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Fine.

Thee cele Th celebr brat ated ed ca case se of Q.E. v. Bal Gangadhar Tilak 6, Justice Strachey laid down in his  judgment stating that ‘anyone who excites or attempts to excite feeling of disaffection great or  small, will be held guilty under this section’. Yet, in the case of Tara Singh v. State of Punjab 7 section 124A was struck down as unconstitutional being contrary to freedom of speech and expression guaranteed under Article 19(1)(a). It thus often held that Section 124A is ultra-vires of the constitution as it seeks to punish merely bad feelings against the Government. There have  been various suggestions to amend section124A to suit the basic structure of the constitution which guarantees freedom of speech. A constitutional bench of the Supreme Court, through its

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 https://indiankanoon.org/doc/1641007/ https://indiankanoon.org/doc/1641007/    (1917) 19 BOMLR 211  1951 AIR 441, 1951 SCR 729

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 pronouncement in Kedar Nath v. State of Bihar 8  has put to rest this ambivalence and explains that there are reasonable restrictions on the freedom of speech and expression.

CONSTITUTION CONSTITUTIONAL AL VALIDITY OF SECTION 124A The provisions of this Section are not considered to be unconstitutional as being violative of the fundamental right of freedom of speech and expression under Article 19(1)(a) of the Indian Constitution. Ram Nandan v. State of U.P. 9  was the famous case in which the constitutional validity of 

sedition was questioned. The Allahabad High Court held that the Section imposed a restriction on freedom of speech and was not considered to be in the interest of the general public. Theref The refore ore,, this this Section Section was consid considere ered d as ultra vires  vires  to the constitution. However, it was overruled in the case of   Kedar Nath Das v. State of Bihar10. In this case, it was held that this Section would only limit the acts involving an intention to create a disturbance of law and order  or enticement of violence. Thus, the Supreme Court held this Section intra vires. vires.

CASE STUDY 

Alok Aggarwal v. Union of India 11

The main issue was – Whether the Court has Jurisdiction to try an offence which occurred in a

foreign territory. And, The Judgment of the Case was –

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 1962 AIR 955, 1962 SCR Supl. (2) 769  AIR 1959 All 101, 1959 CriLJ 1

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 1962 AIR 955, 1962 SCR Supl. (2) 769  1993 scc (Cri) 961 (Abetment)

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Criminal conspiracy is an offence wherein all the individuals are running under the same banner. Even if a person steps out of the banner but continues to perform acts in furtherance of the same, he is not said to be outside the banner. An offence cannot be said to have outside the country just  because the he was an NRI and was not present at the place of the offence. If the act forging, cheating or other acts in the conspiracy have been carried out in Chandigarh then the offence also falls within the territory of India. Thus the Courts have Jurisdiction to try the same and are empowered to try theoffence. Hence, the appeal was dismissed.

CONCLUSION The offence against the state plays a vital role in regulating and maintaining public o order. rder. The  people of the state have the right to criticize the government’s policies, but they must not abuse their freedom to cause harm to the surrounding people or government. Waging a war against India and power is a punishable offence. The law also protects high-level officials, such as the  president, state governors, etc., from attacks. Most importantly, importantly, sedition is considered one of the most dangerous and Cognized offence against the state. Thus, it can be concluded that the State needs to restrict the freedom of the people of the country for the betterment of the State.

BIBLIOGRAPHY 

BOOKS: 

The Indian Penal Code, Ratanlal & Dhirajlal, 33rd edition

 

Bare Act

WEBSITES:

https://indiank diankanoon anoon.org/ .org/ https://in

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https://w https://www.nec ww.necrtbook rtbooks.guru s.guru/llb-bo /llb-books oks https://www.scc https://w ww.scconline. online.com/ com/ https://www.indiatoday.in/education-today/gk-current-affairs/story/use-and-misuse-ofhttps://www.indiatoday.in/education-today/gk-current-affai rs/story/use-and-misuse-ofsedition-law-section-124a-of-ipc 10

 

 

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