Offences against state and public tranquility are criminal acts that threaten the security and stability of the state and the general public. These types of crimes are outlined in several sections of the Indian Penal Code (IPC) and can include things such as sedition, rebellion, and rioting.
Section 124A of the IPC defines sedition as any act or speech that brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the government established by law in India. Sedition is considered a serious offense and can be punished with life imprisonment.
Section 121 of the IPC deals with Waging, or attempting to wage war or abetting waging of war, against the government of India. The punishment for this offense can range from life imprisonment to death.
Section 124 of the IPC defines rebellion as the use of force or violence to overthrow the government established by law in India or to disrupt the functioning of such a government. The punishment for rebellion can range from life imprisonment to death.
Section 153A of the IPC deals with promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony. The punishment for this offense can range from simple imprisonment to life imprisonment.
Section 295A of the IPC deals with Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs. The punishment for this offense can range from simple imprisonment to life imprisonment.
Section 505 of the IPC deals with statements conducing to public mischief. Whoever makes, publishes or circulates any statement, rumour or report, with intent to cause, or which is likely to cause, fear or alarm to the public, or to any section of the public whereby any person may be induced to commit an offence against the state or against the public tranquility, shall be punished with imprisonment which may extend to three years, or with fine, or with both.
Section 151 of the IPC deals with Knowingly joining or continuing in assembly of five or more persons after it has been commanded to disperse. Whoever, knowing that an order has been issued by a public servant under Section 129 of the Code of Criminal Procedure, 1973, prohibiting the assembly of five or more persons in any public place, continues to be a member of such assembly of five or more persons, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
All the above-mentioned offences are cognizable and non-bailable, It means, police can arrest without warrant and bail is not a matter of right.
It is important to note that all the above-mentioned offences are serious in nature and can have severe consequences for the offender, including imprisonment and fines. These crimes are considered to be a threat to the security and stability of the state and the general public and are therefore punished accordingly.
In recent years, there have been several high-profile cases involving offenses against state and public tranquility in India. For example, in 2020, several people were arrested for sedition for allegedly spreading rumors and false information about the COVID-19 pandemic with the intent of causing public fear and alarm.
There have been several landmark judgments on offenses against state and public tranquility in India, which have helped to shape the interpretation and application of the relevant provisions in the Indian Penal Code. Some notable examples include:
- Kedar Nath Singh v. State of Bihar (1962) – In this case, the Supreme Court of India held that the sedition law as defined in Section 124A of the Indian Penal Code is valid but it can only be applied in cases where there is an incitement to violence or intention to create public disorder.
- Arup Bhuyan v. State of Assam (2011) – In this case, the Supreme Court of India held that the expression “disaffection” in Section 124A of the Indian Penal Code includes disloyalty and all feelings of enmity.
- Shreya Singhal v. Union of India (2015) – In this case, the Supreme Court of India held that Section 66A of the Information Technology Act, 2000, which criminalizes sending offensive messages through communication services, is unconstitutional as it goes beyond reasonable restrictions on the freedom of speech and expression.
- Subramanian Swamy v. Union of India (2016) – In this case, the Supreme Court of India held that the offences of sedition and defamation are not the same and defamation does not fall under the ambit of sedition.
- Sukumar v. State of Kerala (2018) – In this case, the Supreme Court of India held that Section 124A of the Indian Penal Code applies only to acts of speech and not to acts of silence.
- Navtej Singh Johar v. Union of India (2018) – In this case, the Supreme Court of India upheld the constitutional validity of Section 377 of the Indian Penal Code which criminalized homosexuality, but declared it unconstitutional as it applied to consensual sexual acts between adults of the same gender.
These cases have helped to clarify the meaning of key terms and concepts related to offences against state and public tranquility in the Indian Penal Code and have provided guidance on the interpretation and application of these provisions. They also serve as a reminder that the laws on offences against state and public tranquility are subject to change with the changing societal norms and constitutional principles.
In conclusion, the Indian Penal Code contains various provisions that criminalize different types of offences against state and public tranquility, such as sedition, rebellion, and rioting. These crimes are considered to be a threat to the security and stability of the state and the general public and are therefore punished accordingly. It is important for individuals to understand the legal implications of these offenses and to refrain from committing such crimes.