CRIMINAL LAW: OFFENCES AGAINST THE STATE AND THEIR PARTICULAR JUDGEMENTS

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CRIMINAL LAW: OFFENCES AGAINST THE STATE AND THEIR 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 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 months, or with fine, or with both.

In Hiralal Harilal Bhagwati v. C.B.I., New Delhi, the Court held that to bring home charges of conspiracy under Section 120B of the Indian Penal Code, it is necessary to establish that there was an agreement between the parties to do an unlawful act. However, it is often difficult to prove conspiracy by direct evidence.

Section 121: Waging, Attempting to Wage War, or Abetting Waging of War Against the Government of India

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.

In State (N.C.T. of Delhi) v. Navjot Sandhu, the Supreme Court held that the undisputed objective and determination of the deceased terrorists was to impinge upon the sovereign authority of the nation and its government. Such actions amount to waging war or attempting to wage war against the Government of India. The Court further held that, to constitute the offence under Section 121 IPC, the purpose and intention of the warlike operation directed against government machinery is a critical criterion.

Section 124A: Sedition

Whoever, by words—spoken or written—or by signs, visible representation, or otherwise, brings into 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, to which a fine may be added, or with imprisonment which may extend to three years, to which a fine may be added, or with fine.

Every citizen is free to hold his own political beliefs and to propagate and work for their establishment, so long as such efforts do not involve force or violence.

In Kedar Nath Singh v. State of Bihar, the Court held that any act falling within the meaning of Section 124A which subverts the government by bringing it into contempt or hatred or creating disaffection against it, falls within the ambit of the penal statute. The feeling of disloyalty or enmity towards the government established by law imports a tendency to public disorder through the use of actual violence or incitement to offence.

FACT

Anticipatory Bail under Section 438 of the Code of Criminal Procedure (Cr.P.C.) was enacted pursuant to the 41st Report of the Law Commission of India.




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