Summary of Offences Against the State

Chapter VII: Offences Against the State

  • Deals with offences against the State (Sections 147-158).
  • Classified into 5 categories:
    • Waging, collecting, or conspiring to wage war against the Government of India (Sec. 147, 148, 149, 150).
    • Assaulting the President or Governor to compel or restrain lawful authority (Sec. 151).
    • Waging war against a foreign state at peace with India (Sec. 153).
    • Committing depredation on territories of a foreign state at peace with India (Sec. 154).
    • Aiding the escape of a state prisoner or prisoner of war (Sec. 156, 157, 158).

Section 147 (B.N.S.): Waging War Against the Government of India

  • Definition: Waging or attempting to wage war, or abetting the waging of war against the Government of India.
  • Punishment: Death or imprisonment for life, and liable to fine.
  • Ingredients:
    • Accused wages war.
    • Attempts to wage war.
    • Abets the waging of war.
    • Against the Government of India (includes Central and State Govt.).
  • Applies to everyone, including foreigners.
  • Deals with the act of waging war, attempting to wage war, and abetting the waging of war.
  • No specific number of persons is necessary to constitute the offence.

Distinction Between Waging War and Rioting

Waging War

  • Explained in sections 147 to 150.
  • Deals with offences against the State.
  • Purpose extends to the whole community (public nature).
  • Number of persons not specified.
  • Punishment: Death or imprisonment for life, and fine.

Rioting

  • Explained in sections 191(1) to 191(2).
  • Deals with offences against public tranquility.
  • Purpose is generally private in nature.
  • Requires 5 or more persons.
  • Punishment: Imprisonment for 2 years, or fine, or both.

Section 148 (B.N.S.): Conspiracy to Commit Offences Punishable by Section 147

  • Punishes conspiracy to commit offences punishable under section 147.
  • Based on the English law of the Treason Felony Act of 1948.
  • Punishes two kinds of conspiracy:
    • Conspiracy to wage war against the Government of India.
    • Conspiracy to overawe by force the Central or State Government.
  • Agreement of two or more persons to wage war is sufficient.
  • No act or illegal omission is necessary.

Section 149 (B.N.S.): Collecting Arms etc., with Intention of Waging War

  • Collecting men, arms, or ammunition to wage war against the Government of India.
  • Punishment: Imprisonment for life or imprisonment up to 10 years, and fine.

Section 150 (B.N.S.): Concealing with Intent to Facilitate Design to Wage War

  • Concealing the existence of a design to wage war against the Government of India.
  • Punishment: Imprisonment up to 10 years, and fine.
  • Conditions for liability:
    • Design to wage war against the Government of India.
    • Accused has knowledge of such design.
    • Accused concealed the existence of such design.
    • Accused intended to facilitate the waging of such war.

Section 151 (B.N.S.): Assaulting President, Governor etc., with Intent to Compel or Restrain

  • Assaulting the President of India or Governor of any state to compel or restrain the exercise of lawful power.
  • Punishment: Imprisonment up to seven years, and fine.
  • Protects the President and Governors while discharging their legal duties.
  • Protection extends only so long as they discharge their official functions.

Section 152: Act Endangering Sovereignty, Unity and Integrity of India

  • Exciting or attempting to excite secession, armed rebellion, or subversive activities.
  • Encourages feelings of separatist activities or endangers sovereignty or unity and integrity of India.
  • Punishment: Imprisonment for life or imprisonment up to seven years, and fine.
  • Comments expressing disapprobation of government measures to obtain alteration by lawful means do not constitute an offence.

Sections 153, 154, 155

  • Sec. 153: Waging war against the Government of any foreign State at peace with the Government of India.
  • Sec. 154: Committing depredation on territories of foreign State at peace with Government of India.
  • Sec. 155: Receiving property taken by war or depredation mentioned in sections 153 and 154.

Sections 156, 157, 158

  • Sec. 156: Public servant voluntarily allowing prisoner of State or war to escape.
  • Sec. 157: Public servant negligently suffering such prisoner to escape.
  • Sec. 158: Aiding escape of, rescuing or harbouring such prisoner.