OFFENCES AGAINST THE STATE- PART II
Assaulting President, or Governor of a State with intent to compel or restrain the exercise of any lawful power (section 124).
Assault is said to be committed when a person makes such gesture or prepares for making such gesture with the intention or knowledge that if the victim knows about such gesture, he would apprehend that he who is making the gesture is about to use criminal force against the victim. Assault is committed at the stage of either preparation or commission. Mere words or warnings are not taken as assault. However, if a person performs the preparation of gesture or commission of gesture from the words then in such a case, assault is said to be committed.
In simpler terms, Assault is the act of inflicting physical harm of the victim or to prepare to cause physical harm in such a way that if the victim knows about such preparation, he would apprehend that the preparer is about to cause physical harm to him.
Assault is an offence under section 351 of IPC, however, assaulting the president or the Governor of the state is an offence under section 124 of the IPC.
The question is why?
Government officials like President and Governor of state are the representatives of their respective territories. With immense power, their role in the administration of the state is of significant importance. This section, similar to section 121A, protects the Government officials by enforcing a stricter punishment on those who try to restrain the exercise of any lawful duty.
The punishment enforced under section 124 is imprisonment for up to seven years and fine.
Sedition (section 124A)
In simpler terms, sedition is inciting people with speech or words to rebel against the state i.e. the Government. Under section 124A of IPC, sedition is a criminal offence against the state and is punishable with imprisonment for life or for up to three years or with fine or with both. Sedition has been extensively discussed in the previous articles: -
War against a power at peace with the Government of India (section 125) or committing depredations on the territories of such power (sections 125–126).
It is fascinating to know that the Indian Penal Code does not only protects crimes inside or against India, it also condemns the offences against Asiatic power. Section 125 of the IPC provides that if anyone tries to wage war in alliance or at peace with the government of India against Asiatic power is an offence punishable with imprisonment for life or up to seven years or with fine or both.
This section states that one sovereign power is bound to respect all other sovereign powers outside its territories as also held in Jameson, (1896) 2 QB 425, 430.
What is important to note here is that the term ‘Asiatic Power’ has not been defined anywhere under IPC nor in any other law which makes the provision open to interpretation. The general meaning of the term is ‘a state with international influence.’
Section 126 of IPC describes that committing depredation against any power at peace with the Government of India is an offence.
“Section 126- Committing depredation on territories of Power at peace with the Government of India — Whoever commits depredation, or makes preparations to commit depredation, on the territories of any Power in alliance or at peace with the Government of India, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine and to forfeiture of any property used or intended to be used in committing such depredation, or acquired by such depredation.”
Depredation
The Black’s Law Dictionary defines depredation as “The act of plundering, robbing, or pillaging.” In general, the act of robbing is considered as depredation.
Section 126 criminalises the act of depredation or preparation of depredation against any other country in alliance with the government of India. Interestingly, this section applies to all the powers not just Asiatic powers.
This section has different types of punishments for the offence of depredation:
Imprisonment up to seven years;
With fine; or
Forfeiting of property that was used or was supposed to be used in the commission of the offence of depredation or such property that was acquired by depredation.
Consider the following situation. X occupies land in B country by waging a war against country B. X sells the land to Y. Y knows that the land was occupied by waging a war. Don’t you think by accepting a land that was occupied by the severe offence of waging a war against the country Y has ignored or praised the act of X?
The act of Y if committed in India would be a criminal offence. Such a person would be held liable under section 127 of IPC and would be punished with imprisonment for up to seven years and with fine or with both. Section 127 declares that receiving any property knowing that such property was obtained from waging a war or depredation is an offence.
Permitting or aiding or negligently suffering the escape of, or rescuing or harbouring, a State prisoner (sections 128, 129, 130).
Before understanding section 128, 129 and 130, it is important to understand certain definitions.
Prisoner of war: These prisoners are those who are taken in arms or arrested during a war. Prisoners who surrender or not in arms are NOT referred to as prisoners of war.
State prisoner: State prisoners are those who have been arrested to protect the peace and tranquillity of India with other countries and to maintain the security of India.
S. 128 – Prisoner of war or state prisoner is to be kept under the custody of state until orders stating otherwise is granted by the state and if any public servant voluntarily tries to help the prisoner of war in escaping or rescue or harbour him, then those public servants are punished with imprisonment for life or up to 10 years in addition to fine.
S. 129 – Negligence is an offence in India. An offence committed due to negligence is also considered as an offence. In offences against state also, negligence committed by a public servant is an offence. Under section 129, if a public servant negligently helps the prisoner of war or state prisoner to escape from the arrest or confined place, then the public servant is held liable of a criminal offence. Since it is the duty of the public servant with whom the custody of the prisoner lies to keep the prisoner in confinement until further orders, if he is negligent about his duties, then he must be held liable. Punishment for this offence is simple imprisonment for up to three years and fine.
S. 130 – Except the public servant with whom the custody of the prisoner lies, whosoever intentionally or knowingly helps the prisoner to escape from the lawful custody or harbour such a person is considered a criminal. Section 130 of IPC states that the person who aids the escape or harbours the prisoner of war or state prisoner would be punished with imprisonment for life or up to 10 years in addition to a fine.
It is important here to note that a prisoner on parole is said to have escaped if he goes outside the territory in which he is allowed to be. For example, if a prisoner is given parole and said to be in Rajasthan and he goes to Kerala is said to have escaped.
Offences against the state are offences that would disrupt the administrative functioning of the state which is considered the strength or the pillar of any country. This is the reason that the quota of punishment for such offences is severe and wider than other offences.
By
LawVastutah
References
- KD Gaur: Criminal Law-Cases and Materials, 9th ed.
- PSA Pillai: Criminal Law,12th Edition.
- Ratanlal & Dhirajlal: Indian Penal Code (PB), 36th ed.
- Indian Penal Code 1860.
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