Offences against the state | Waging War And Sedition | Vicarious & Group Liability | Law of Crime | Notes |


 

Liability - Vicarious Liability, Group Liability And Preliminary Crimes, Abetmenty And Criminal Conspiracy.

Offences against the state (Section 121 to 130) Waging War And Sedition.

Vicarious Liability () 

Those liabilty which is done by another person wrongful act is called vicarious liabilty.

Group Liabilty()

Offence is committed by a member of an unlawful assembly, every person who was part of the assembly would be held liable for the same offence.

Preliminary Crimes ()

When is preliminary crime is conducted by the police officier before a FIR has registered in the matter.

Abetment (Section 107 to 120)  And Criminal Conspiracy (Section 120A)

Abetment is a process by which one or more engage others for commission of an offense.

If person is A tells Person B To murder Person C, Person B murder him.

A. Abetment Can Be Committed one Or more number.

B. There are two person one is abettor and other one is Priciple and other one is Principle Offender.

C. Abettor may not get the same Punishment as principle offender

Criminal Conspiracy ()

Criminal Conspiracy is a process by which an agreement entered into between two or more the person for commission of an illegal act or doing a legal act by illegal means is know as criminal conspiracy

If two people are doing any work which is legal but they are doing it illegally is called Criminal conspiracy.

Offences against the state (Section 121 to 130) Waging War And Sedition.

( Section 121 To 131) deal with all the offences against the state 

Section 121 Waging, or attempting to wages war, or abetting waging of war, against the GOVERNMENT OF INDIA.

Section 121A Conspiracy to commit offences punishable by Section 121.

Section 122 Collecting Arms, etc., with intention of waging war against the GOVERNMENT OF INDIA.

Section 123 Concealing with the intent to facilitate design to wage war.

Section 124 Assaulting President, Government.

Section 125 Waging war against Any Asiatic Power in alliance with the GOVERNMENT OF INDIA.

Section 126 Committing Depredation on territories of power.

Section 127 Receiving Property taken by war.

Section 128 Public Servant Voluntarily allowing prisoner of State or War.

Section 129 Public Servant negligently

Section 130 Aiding Escape of rescuing or harbouring Such Prisoner.

Section 121

Wages war ()

Abet to wages war.

Attempt the wages war against the government of India.

Classification ( Punishment )

Death/Imprisonment for life + fine

Cognizable offence ( Jisme POLICE  bina warrant ke arrest kar leta hain )

Section 121A

Conspiring to overawe by means of Criminal force, the goverment.

If any person commits any crime in India or outside India Suching as a Forming a criminal Force.

Classification ( Punishment )

Imprisonment for life + 10 years +  fine.

Section 122

Collected weapons Arms to Wages war for the strike against the GOVERNMENT OF INDIA.

Classification ( Punishment )

Imprisonment for life + 10 years + fine.

Cognizable, NON - Cognizable.

Section 123

1. By Any Act

2. By any illegal omission existence of a design to wage war against the GOVERNMENT OF INDIA.

Classification ( Punishment )

Imprisonment for 10 years + fine 

Cognizable, Non bailable.

Section 124 

Assaulting of law Power President or Governor To The State.

Classification ( Punishment )

Imprisonment For 7 Years + Fine 

Cognizable, Non Bailable

Section 125

Wages War Against the Government of any Asiatic Power In Alliance with The Government Of India.

Classification ( Punishment )

Imprisonment For Life And Fine + 7 Years

Cognizable, Non Bailable

Section 126

Depredation on Territories of Power Against The Government Of INDIA

Classification ( Punishment )

Imprisonment For 7 Years + Fine.

Cognizable , Non Bailable.

Section 127

Receiving Property Taken By war Against the GOVERNMENT OF WAR.

Classification ( Punishment )

Imprisonment for life + 7 years + fine.

Section 128

Public Servant Voluntarily allows such prisoner to escape from any place.

Classification ( Punishment )

Imprisonment For 10 Years + Fine.

Cognizable.

Section 129 

Public Servant negligent allows such prisoner to escape from any place.

Classification ( Punishment )

Imprisonment For 3 Years + Fine.

Cognizable.

Section 130

whoever, knowingly aids or assists any State prisoner of war in escaping from lawful custody.

Classification ( Punishment )

Imprisonment For life + 3 Years + Fine.

Offence Against The Public Tranquility Unlawful Assembly, Rioting, Affray ( Section 141 to 160)

Section 141

Unlawful Assembly Five or more is designated an “Unlawful Assembly”. If the common object of the person composing that Assembly.

1) To overawe by Criminal force, or show of criminal force, the central or any State Government or Parliament or the Legislature of any State, or any Public Servant in the exercise of the lawful power of such Public Servant.

2) To resist the execution of any law, or of any legal process

3) To commit any mischief or Criminal trespass, or other offence.

4) By means of criminal force, or show of Criminal force, to any person to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right.

5) By means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do.

Section 142

Whoever,being aware of facts which render any assembly an unlawful assembly, intentionally joins that assembly, or continues in it, is said to be member of unlawful assembly

Section 143

Whoever is a member of an unlawful assembly, shall be punished with Imprisonment of either description for a term which may extend to six month, or with fine or with both.

Section 144

Whoever, being armed with any deadly weapon, or with anything which, used as a weapon of offence is likely to cause death, is a member of an unlawful assembly, shall be punished with Imprisonment of either description for a term which may extend to two years, or with fine or with both.

Section 145

Whoever joins or continues in an Unlawful assembly knowing that such unlawful assembly has been commanded in the manner prescribed by law to disperse shall be Punished with imprisonment of either description for a term which may extend to two years or with fine, or with both. 

Section 143

Whoever is guilty or rioting shallbe punished with imprisonment of either description for a term which may extend to two years, or with both.


Section 148

Whoever is guilty of rioting, being armed with adeadly weapon or with anything which, used as a weapon off offence, is likely to cause death, shall be punished with Imprisonment of either description for a term which may extend to three years or with fine, or with both.

Section 153

Whoever malignantly () or wantonly() , by doing any thing which is illegal, gives provocation to any person intending or knowing it to be likely that such provocation will cause the offence of rioting to be committed shall be, if the offence of rioting be committed in consequence ofsuch provocation, be punished with imprisonment of either description for a term which may extend to one year or with fine.

Section 159 And 160  (Affray)

Deal with affray and its punishment when two or more person, by fighting in a public place, disturb the public peace they are said to “commit an Affray’.



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