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CRIMINAL LAW: Offences against State and there Particular Judgements



CRIMINAL LAW: Offences against State and there Particular Judgements


Section-120B-:    Punishment for Conspiracy

1. Whoever is a party to a criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence.
2. Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment of either description for a term not exceeding six month or with fine or with both.  

 In case of Hiralal Harilal Bhagwati v. C.B.I  New Delhi  the court held that to bring home the charges of conspiracy within the ambit of Section 120B of Indian Penal Code, it is necessary that there was an agreement between the parties for doing an unlawful act. However, it is difficult to establish conspiracy by direct evidence.

Section 121-: waging, or attempted to wage war , or abetting waging of war , against the government of India
Whoever wage 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.

In case State (N.C.T of Delhi) v. Navjot Sandhu, The Supreme Court held that the undoubted objective and determination of deceased terrorists was to impinge on sovereign authority of nation and its government. It amount to waging war or attempting to wage war against government of India. It was also held that to constitute offence of waging war under section 121 of IPC the purpose and intention of the warlike operation directed against the government machinery is an important criterion.

124A-: Sedition
Sedition, whoever by words, either spoken or written, or by signs, or by
Visible representation or otherwise, brings into hatred or contempt, or excite or attempts to excite disaffection toward the government established by law in India, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extent to three years, to which fine may be added or with fine. 
Every citizen is free to have his own political theory and also to propagate and work for its established so long as he does not seek to do so by force or violence.

In case Kedar Nath Singh’s case Any act within the meaning of section 124A which has the effect of subverting the government by bringing that government into contempt or hatred or creating disaffection against government, it would be within the penal statute because the feeling of disloyalty to the government established by law or enmity to it imports the idea of tendency to public disorder by the use of actual violence or incitement to offence.

 FACT
Anticipatory Bail, Sec.438 (Cr.P.C) has been enacted in pursuance of the 41st report of the Law Commission.

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