This concept makes every offence that is committed by the people within the society an offence against the State or government because these actions disturb the public peace and order and violates the national integrity. OFFENCES AGAINST THE STATE According to the National Crime Records Bureau, all crimes are treated as offences against the State, or government, especially those acts which disturb public tranquility, national integration and public order. There are certain activities which are criminal in nature and are directed against the existence of the state itself, examples include treason, sedition and rebellion. These criminal activities are therefore, deemed to be ‘offences against the state.’ They are often cognizable, non-bailable and triable in Court of Sessions. As per Chapter VII of the BNS, there are mainly five crimes which qualify as offences against the state. These are —When several people in the State assemble and raise voice against the State by use of violence and force with an aim to attain object of public nature, such an action is called wagering war. Whoever, wages war against the Government of India, or attempts to wage such war, or abets the waging of such war, shall be punished with death, or imprisonment for life and shall also be liable to fine.” Illustration: Mr. A join a revolt against the Government of India. A has committed the offence defined in this section. As per provision of Section 147 BNS following can be constituted as ingredients: + Accused must wage war, or + Attempt to wage, or + Abet the waging of such war + Against the Government of India In the Gorakhnath Temple Attack case of 2022, a special NIA court in Lucknow awarded death penalty to Ahmad Murtaza Abbasi under this section of the IPC. whosoever within or without India conspires to commit anyof the offences punishable by Section 147, or conspires to overawe with, by means of criminal force or the show of Criminal force, the Central Government, or any the State Government, shall be punished with imprisonment for life or with imprisonment of either description which may extend to the term of 10 years, and shall also be liable to fine. WAGING WAR Vs RIOTING? The two terms waging war and rioting may mean the same to a layman and even it may be difficult to distinguish between the two, but it is important to note that the two terms are different Rioting is defined under Chapter XI BNS under Section 191 and it is an offence against public tranquility whereby people engaged in it try to accomplish some private objective, unlike waging whereby the objective is of public nature and to resist or to question the Government's authorities. Preparation to wage a war is also an offence against the state and is punishable under Section 122 with punishment of either life imprisonment or imprisonment of ten years along with fine. Preparation includes (i) collection of men (ii) collection of arms or ammunition (iii) otherwise prepares to wage war oroverawe the legally established government. Illegal omission of information of conspiracy as well as the design plan to wage of war is punishable under Section 150 of BNS with the punishment of imprisonment 10 years along with fine. State does not commands own its own, there are officials who are vested with power of execution by the constitution to undertake and execute functions of the state .So, these officials must be free from any fear of personal harm while undertaking the functions of the State and discharging their legal duties. Thus, such officials are protected from any assault done with intention of compelling or inducing the official. Refraining higher official from exercising their lawful powers is considered as offence against the State. Section 151 BNS provides for punishment for assaulting the official with the intention of inducing him to refrain from discharging his legal duties, high official includes President and Governor of any State shall be punished with either imprisonment of either description for a term which may extend to 7 years or shall be liable to fine.Sedition- Whover by words, signs or visible representation brings or attempts to bring hatred towards the Government established, commits the offence of sedition shall be punished with imprisonment for life or any shorten term with or without fine. Punishment for the Sedition + Itis anon-bailable offense. + A fine may be applied to a life imprisonment or the sentence of up to three years in jail and fine + Anyone convicted of this crime is ineligible for any government position. Kedarnath v. State of Bihar case, In which India’s Apex Court limited the definition of sedition to “actions that involve encouraging violence or having the intention or tendency to cause public disorder or disrupt public peace.” Emperor vs Ganesh Damodar Savarkar [(1910) 12 BOMLR 105], the court had held the appellant Ganesh Damodar Savarkar liable of sedition for publishing a series of poems which excited disaffection towards His Majesty.Constitutional Validity of Sedition Sedition is libel (defamation) of the established authority of the law i.e. Government. This law has always been criticized for restricting our Freedom of Speech. In landmark case of Kedar Nath v. State of Bihar{9], the Supreme Court said Sedition in the ordinary sense means a stirring up of rebellion against the Government. It was held that the sedition is constitutionally valid. Section 156 deals with the Public Servant voluntarily allowing prisoner of state or of war to escape. Anyone being a public servant and having the custody of a state prisoner or prisoners of war, voluntarily allows such prisoner to escape from the place where he was confined shall be punished with life imprisonment or imprisonment with a term which may extend to ten years and shall be liable to fine. Principles + The accused must be a public servant. + He must have custody of the prisoner. + Prisoner must be either state prisoner or prisoner of War. - He voluntarily allows the prisoner to escape. Conclusion Offences against the State target and disturbs public law andorder and thus, curbing commission of such offences is crucial to regulate and maintain public order. In the democracy structure of Government, the people are free and have right to criticize Government but they cannot use this right to create disharmony amongst people around them or cause harm to the Government.