Of Offences Against the State

SS- 121-130
Criminal Law I
Dr. Nandini C P
Waging, or attempting to wage war, or abetting waging of war, against the Government of India

 Sec 121Mumbai Terror Attack Case

 Kasab a Pakistani national, has earned for himself five death penalties and
an equal number of life terms in prison for committing multiple crimes of a
horrendous kind in this country. Some of the major charges against him
were: conspiracy to wage war against the Government of India; collecting
arms with the intention of waging war against the Government of India;
waging and abetting the waging of war against the Government of India;
commission of terrorist acts; criminal conspiracy to commit murder; criminal
conspiracy, common intention and abetment to commit murder; committing
murder of a number of persons; attempt to murder with common intention;
criminal conspiracy and abetment; abduction for murder; robbery/dacoity
with an attempt to cause death or grievous hurt; and causing explosions
punishable under the Explosive Substance Act, 1908. He was found guilty of
all these charges besides many others and was awarded the death sentence on
five counts, life-sentence on five other counts, as well as a number of
relatively lighter sentences of imprisonment for the other offences.
Concepts
 St of Del Ad V Novjot Sandhu @ Afsan Guru 2005
 Does every act of terrorism an offence under this section?
 It should be different in the degree
 It should be overawing the state
 Foreign national not excluded
 Not to be understood in the olden concept
 The section includes act , attempt and abetment
 Ref Fort Case
121A. Conspiracy to commit offences
punishable by section 121
 The ingredients
 Conspiring within or without India to commit any
offences punishable by s 121
 Conspiracy to overawe by means of criminal force or the
show of criminal force , the government
 Under this section there need not be any act or illegal
omission to take place in pursuance thereof

122. Collecting arms, etc., with intention of
waging war against the Government of India
 Here the preparation is also an offence
 The distinction to be proved from case to case based on
the facts of the case
 Parliament Attack Case -Shukat Hassan Case under
section 123 – though not charged , can be liable even if it
a minor charge

 Trivedi was charged in January with treason and insulting
India’s national symbols, and if found guilty, he could face
up to two years in prison and a fine of up to 5,000 rupees
(about $100).
 In the cartoon below, Trivedi took India’s national
emblem of the Four Sarnath Lions of King Asoka that sit
above the motto “Satyamev Jayate” (truth alone shall
triumph) and re-drew them as bloodthirsty wolves on the
re-worded motto “Bhrashtamev Jayate” (long live
corruption):
Asseem Trivedi
In parliament
Corruption
Other offences
 Concealing with intent to facilitate design to wage war
 124 Assaulting President, Governor, etc, with intent to
compel or restrain the exercise of any lawful power
 125 Waging war against any Asiatic Power in alliance with
the Government of India - But India provides political
asylum
 126 Committing depredation
 (damages/destruction/ruins/ravages) on territories of Power
at peace with the Government of India
 Property loss to the state is considered
124A Sedition

 The requirements
 Bringing or attempting to bring into hatred or contempt or exciting or
attempting to excite disaffection towards , the government
 Such act or attempt may be done by:
 By words- either spoken or written
 By Signs or
 By visible information

Here it includes violence and mere abusive words are not Enough
MK Ghandhi
Bal Gangadhar Tilak etc are tried under these sections
Kedarnaths case
Naurang Singh's Case
Aseem Trivedi Casehttp://kractivist.wordpress.com/2012/09/04/indian-cartoonist-
aseem-trivedi/
What other offences are under the chapter?
 127 Receiving property taken by war on depredation
mentioned in sections 125 and 126
 128 Public servant voluntarily allowing prisoner of State
or war to escape
 129 Public servant negligently suffering such prisoner to
escape
 130 Aiding escape of, rescuing or harbouring such
prisoner