In the Indian penal code, there is chapter 4 in which sections 121 to 130 are dedicated for all the offences against the state. In this, section 121A and 124A were added in IPC in 1870. Also, these codes in IPC are made to safeguard the existence of the state. Thus, there are severe punishments like life imprisonment or death sentence for the offences against the state.
Offences Against the State
In this section, any war or an attempt for war or waging war against the government of India is considered. Thus, whosoever wages the war against India or even attempts to is liable to punishment.
This punishment ranges from life imprisonment to death. Also, it includes in some cases a certain fine. There are certain conditions that also are also counted in this section.
The accused must have waged war. So, there should have been an attempt to wage war. Also, it should abet the waging of any war. Also, these conditions should be against the government of India.
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As stated above, this section came into existence in 1870. The conspiracy under this section is not considered as an illegal act. This section states that whosoever conspires to commit any offence under section 121 by criminal force than he/she shall be punished.
Here state, as well as 333 , can punish the offender. The imprisonment can range from 10 years to life imprisonment. Also, the person is liable to pay the fine along with the punishment.
In this section, the IPC states that whoever collects arms, men, or ammunition is to punish. If this collection is for waging a war or an intention to wage a war against the government of India than it an offence against the state.
He or she is liable for punishment like life imprisonment or for a term of 10 years. Also, the person is liable to pay the fine. The ingredients that institute this offence are:
- The person should collect arms, men, or ammunition. He should otherwise be prepared to start a war.
- Also, the intention here is to start a war against the government or wage against the government.
- The offences under this section are considered as non-compoundable, cognizable, and triable by the session’s court.
This section includes the intent of facilitating the design of war against the government. Thus, the IPC in section 123 states that if there is any illegal means or existence of design of war against the government or even intending to facilitate such activity than the person is liable for punishment. Also, if the person even knows that such concealment will result in waging of war than also the person is punished.
The ingredients for section 123 includes: Offences
- If the person commits an illegal act or mission.
- Also, if the person conceals or facilitates the design to wage a war against the government of India.
- By such concealment, the person is likely to know that such a thing will facilitate the war.
Solved Question on Offenses Against the State
Q. When a person is conspiring to commit the offences against the state than that is dealt under
A. Section 120A of IPC
B. Section 121A of IPC
C. Section 123A of IPC
D. Section 128A of IPC
Answer: B. The Section 121A of IPC
Q. If a person is intending to facilitate design in order to wage war. The following crime is dealt with under
A. Section 118 of IPC
B. Section 122 of IPC
C. Section 123 of IPC
D. Section 128 of IPC
Answer: C. Section 123 of IPC