Sections 121-130 i.e. offences against the State under Indian Penal Code, 1860 being explained. What is Sedition?

1. INDIAN PENAL CODE,
1860
PRESENTED TO:
MR. SUMIT MAHESHWARI
PRESENTED BY:
SWASTI CHATURVEDI
B.B.A. LL.B. V SEM
SEC- ‘B’

2. INTRODUCTION:
 There are some criminal activities that are
directed against the existence of the State
itself viz. treason, sedition and rebellion.
 Chapter VI of the Indian Penal Code,
extending over twelve sections from 121 to
130, there being two additional sections 121-
A and 124-A, deals with offences against the
State.

3. SECTION 121:
 Waging or attempting to wage war, or abetting
waging of war, against the Government of
India. (Punishment- death, or imprisonment for
life, and shall also be liable to fine)
 Waging- conducting
 Attempting to wage war
 Abetting (encourage/assist) waging of war
 Essential features:
1. The object to be accomplished must be of a
public nature.
2. There must be a direct strike against the
government’s authority.

4. SECTION 121A:
Whoever within or without India conspires
to commit any of the three kinds of
offences punishable under section 121,
that is to say, waging war against the
Government of India, or attempt to wage
such war, or abetment of waging such war,
shall be punishable under this section.
(Punishment- life imprisonment, or
imprisonment which may extend to ten
years and also liable to fine)

5.  SECTION 122:
Collection of men, arms or ammunition by someone,
or preparation done to wage war with the intention of
waging war or with the intention of being prepared to
wage war against the Government of India.
 SECTION 123:
Concealing the existence of a design to wage war
against the Government of India by any act or illegal
omission, with the intention by such concealment to
facilitate the waging of such war, or with the
knowledge that it is likely that such concealment is
likely to facilitate waging of such war.
 SECTION 124:
Committing assault or wrongful restraint of, or
attempting to commit wrongful restraint of, or
overawes by means of criminal force or the show of
criminal force, or attempting to overawe by means of
criminal force or the show of criminal force, the
President of India or the Governor of any State, with
the intention of inducing him or compelling him to
exercise or refrain from exercising in any manner any
of his lawful powers.

6. SECTION 124A:
SEDITION- 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, shall be punished with imprisonment
which may extend to three years, to which fine may
be added, or with fine.
 Disaffection- disloyalty or hostility
 Disapprobation- disapproval
Latest controversies related to Sedition:
 Cartoonist Aseem Trivedi case
 60 Kashmiri students case
 Akbaruddin Owaisi case
 Kanhaiya Kumar case
 Sedition charge against celebrities

7. Kashmiri Students who
cheered for Pakistan in
a cricket match
One of the
controversial
cartoons by
Aseem Trivedi
Kanhaiya Kumar
who along with
other student
leaders arrested
for raising anti-
national slogans
Akbaruddin Owaisi
while making
controversial remarks
Celebrities
who were
charged under
Sedition

8.  SECTION 125:
Waging war, or attempting to wage war against the
Government of any Asiatic power, which in alliance
with, or which is at peace with, the Government of
India.
 SECTION 126:
Committing depredation, or making preparations to
commit depredation, on the territories of any Power
in alliance or at peace with the Government of India.
 SECTION 127:
Receiving property taken by war or depredation
mentioned in Sections 125 and 126.This Section
partly takes care of a circumstance which may result
out of an offence committed under either section 125
or 126 of the Code.

9.  SECTION 128:
Being a public servant and having the custody of a
state prisoner or prisoners of war, voluntarily allowing
such a prisoner to escape from his place of
confinement.
 SECTION 129:
Being a public servant and having the custody of any
State prisoner or prisoner of war, negligently suffering
such prisoner to escape from any place of
confinement in which such prisoner is confined.
 SECTION 130:
Whoever aids or assists any state prisoner or
prisoner of war in escaping from lawful custody with
the knowledge that the person he is helping is a state
prisoner or prisoner of war, or rescues or attempts to
rescue with such knowledge, or harbours or conceals
any such prisoner, offers or attempts to offer any
resistance to the recapture of such prisoner shall be
punished.

10. CASE LAWS:
 Baruindra Kumar Ghose v. Emp. (1909)
37 Cal. 467
 S.H. Jhabwala v. Emp. (1933) 55 All 1040
 Kedar Nath v. State AIR 1962 SC 955
 Bijoe Emmannel v. State AIR 1987 SC
748

11. CONCLUSION:
A total of 571 cases of offences against the
State (under sections 121, 121A, 122, 123,
124A, 153A and 153B of IPC) were registered
during 2015, showing an increase of 11.5%
over previous year 2014 (512 cases).
Relatively high number of such cases were
registered in Uttar Pradesh (60 cases)
followed by Telangana (54 cases), Andhra
Pradesh (50 cases), Karnataka (49 cases),
Kerala (45 cases) and Tamil Nadu (41 cases)
during 2015. A total of 1,179 persons
(consisting of 1,154 males and 25 females)
were arrested in connection with such
offences committed against State during 2015.