‘Offences Against the State’ by their very nature immediately attract State attention.

Over the
last few years there have been multiple incidents that have been reported under this category.
Given the propensity of the crime, ‘Offences Against the State’ entail long and harsh
punishments. The burden of prosecution in these cases is on the State and it acts as the
biggest repeat player in the criminal justice system.
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 121A:

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 war123:

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 contempt

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.