| Q.1- | What are the Principal Offences against the State? |
| Ans.- | Ø Waging war against the government (Sections 121,121-A, 122 and 123);
Ø Waging war against an Asiatic alliance (Sections 125, 126 and 127); Ø Overawing the government (Section 124 and 124A); and Ø Permitted or aiding to escape of a State prisoner or a prisoner of war (Sections 128-130) |
| Q.2- | What are the principal heads of treason? |
| Ans.- | The principal heads of treason as ascertained by that Statute were: (i) ‘imagining the King’s death, (ii) levying war and (iii) adhering to the King’s enemies. |
| Q.3- | Changing in concept of waging war. |
| Ans.- | The moment it is found that the object sought to be attained is of general public nature or has a political hue, the offensive violent acts targeted against armed forces and public officials should not be branded as acts of waging war. |
| Q.4- | What do you mean by insurrection? |
| Ans.- | A violent uprising by a group directed against the Government in power or the civil authorities. |
| Q.5- | What are the difference between ‘waging war’ and ‘terrorist act’? |
| Ans.- | Though every terrorist act does not amount to waging war, certain terrorist acts can also constitute the offence of waging war and there is no dichotomy between the two. Terrorist acts can manifest themselves into acts of war. |
| Q.6- | Is there common punishment for all stages of waging war? |
| Ans.- | No. for waging war, abetment and attempt the maximum punishment is death sentence. On the other hand, conspiracy to wage war and preparation is punishable with life imprisonment only. |
| Q.7- | What is sedition? |
| Ans.- | Sedition is disaffection or defamation or politically hatred against the government established by law applicable in India. |
| Q.8- | What do you mean by disaffection towards the government? |
| Ans.- | The expression “disaffection” includes disloyalty and all feelings of enmity. |
| Q.9- | What are Basic elements of sedition? |
| Ans.- | (a) The accused spoke or wrote the words or made by sings or visible representations or did similar acts complaint; and
(b) The act brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the Government of India. |
| Q.10 | What is gist of the offence of sedition? |
| Ans.- | The gist of the offence is the intention to bring hatred or contempt toward the government. But, a comment expressing disapproval of government or any measures of government or administrative or other action of government, without exciting hatred or disaffection is not is not sedition. |
| Q.11 | What are the punishments for sedition? |
| Ans.- | Punishment for sedition is most flexible in IPC. The offender may be awarded with imprisonment for life or imprisonment up to three years or only with fine. |
| Q.12 | Whether sections 128-130 deal only with prisoner of war? |
| Ans.- | No. These sections deal with prisoner of war as well as prisoner of state. |
| Q.13 | What do you mean by “To harbour a person”? |
| Ans.- | “To harbour a person” is to give him shelter and protection. The knowledge must be that the person assisted is a state prisoner or a prisoner of war. |