Bns – Offences Against State & Public Order
Offences against the State and Public Order are those acts that threaten the security, sovereignty, or integrity of the country, or disturb the peace and order in society. These offences are primarily dealt with under the Indian Penal Code (IPC), Unlawful Activities (Prevention) Act (UAPA), Prevention of Terrorism Act, and other special statutes.
Key Offences Against the State
Waging War Against the Government (Section 121 IPC)
Attempt to Wage War (Section 121A IPC)
Sedition (Section 124A IPC)
Conspiracy to Commit Offences Against the State (Section 120B IPC)
Unlawful Assembly (Section 141 IPC)
Rioting (Section 146 IPC)
Key Offences Against Public Order
Promoting enmity between different groups (Section 153A IPC)
Intentional insult with intent to provoke breach of peace (Section 504 IPC)
Affray (Section 159 IPC)
Harboring offenders (Section 212 IPC)
Detailed Case Laws Explaining Offences Against State & Public Order
1. Kedar Nath Singh vs State of Bihar (1962) — Landmark Case on Sedition
Facts: Kedar Nath Singh was charged with sedition under Section 124A IPC for speeches that allegedly incited violence against the government.
Judgment: The Supreme Court upheld the constitutionality of the sedition law but clarified that only those activities involving incitement to violence or public disorder constitute sedition. Mere criticism of government policies or expression of dissatisfaction is not sedition.
Importance: This case limited the scope of sedition to protect freedom of speech and expression while balancing state security concerns.
Enforcement Gap: Overbroad application of sedition laws often leads to misuse against dissent.
2. Romesh Thappar vs State of Madras (1950) — Freedom of Speech vs Public Order
Facts: Romesh Thappar was a publisher whose journal was banned by the Madras government citing public order concerns.
Judgment: The Supreme Court struck down the ban, emphasizing that freedom of speech can only be restricted when there is a clear and present danger to public order.
Importance: The case set a precedent for how “public order” must be interpreted narrowly, protecting dissent and press freedom.
Enforcement Gap: Vague claims of disturbance to “public order” can lead to arbitrary restrictions on freedom.
3. State of Uttar Pradesh vs Rajesh Gupta (2004) — Waging War Against the State
Facts: Rajesh Gupta was accused of organizing armed attacks against government establishments.
Judgment: The Supreme Court confirmed his conviction under Section 121 IPC (waging war) and emphasized that such offences strike at the heart of the State’s security and sovereignty.
Importance: Reinforced the severity of waging war or armed rebellion against the government.
Enforcement Gap: Difficulty in collecting sufficient evidence in conspiracy and waging war cases due to underground nature.
4. Balwant Singh vs State of Punjab (1995) — Unlawful Assembly and Rioting
Facts: This case involved an unlawful assembly that turned violent, resulting in rioting and damage to public property.
Judgment: The Court upheld convictions under Sections 141 and 146 IPC for unlawful assembly and rioting, underscoring the need to maintain public order.
Importance: Defined parameters of what constitutes unlawful assembly and rioting.
Enforcement Gap: Identifying and prosecuting individuals in a mob remains difficult; often mass hysteria leads to weak evidence.
5. Arup Bhuyan vs State of Assam (2011) — Promoting Enmity Between Groups
Facts: Arup Bhuyan was charged under Section 153A IPC for speeches that allegedly promoted hatred between religious groups.
Judgment: The Court emphasized that while freedom of speech is vital, speech promoting enmity or hatred must be penalized to preserve public harmony.
Importance: Balances constitutional rights and public order interests.
Enforcement Gap: Often laws related to hate speech are misused to suppress legitimate dissent or political opposition.
Summary Table: Offences Against State & Public Order
| Case | Offence | Key Legal Principle | Enforcement Gap Highlighted |
|---|---|---|---|
| Kedar Nath Singh (1962) | Sedition (Section 124A IPC) | Limited sedition to incitement of violence | Overbroad use of sedition laws |
| Romesh Thappar (1950) | Public Order vs Free Speech | Restriction only with clear danger to public order | Arbitrary bans on speech/media |
| State of UP vs Rajesh Gupta (2004) | Waging War (Section 121 IPC) | Seriousness of waging war against the State | Difficulty in evidence gathering |
| Balwant Singh (1995) | Unlawful Assembly & Rioting | Defining parameters for unlawful assembly and rioting | Identifying rioters in mob violence |
| Arup Bhuyan (2011) | Promoting Enmity (Section 153A IPC) | Speech promoting hatred must be curbed | Misuse of hate speech laws |
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