Answer
Ans: (a)
The offences against the State may be classified as under:
(i) Waging or attempting to wage war or abetting waging of war against Pakistan. (S. 121)
(ii) Conspiracy to commit offences punishable by Section 121. (S. 121-A)
(iii) Collecting arms etc., with intention of waging war against Pakistan. (S. 122)
(iv) Concealing with intent to facilitate design to wage war. (S. 123)
(v) Defiling or unauthorized removing the National Flag of Pakistan from Government Building etc. (S. 123 B)
(vi) Assaulting President, or Governor of any province with intent to compel or restrain the exercise, of any lawful powers.
(S. 124)
(vii) Waging war against any power in alliance with Pakistan.
(ix) Committing depredation on turret rise of power at peace. With Pakistan. (S. 126-129)
(viii) Sedition. (S. 124-A)
(x) Public servant voluntarily al1owin prisoner of State or war to escape. (S. 128-129)
(xi) Aiding escape of rescuing or harboring prisoner of State or war. is 130)
div>
Ans: (b)
Sedition:
According to S. 124-A. however by word either spoken or written, or by sign or i visible repressor otherwise brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the Federal or Provincial Government established by law in Pakistan, shall be punished with imprisonment for the life, or any shorter term to which fine may be added or with imprisonment which may extend to three years, to which fine may be added, or with fine.
Explanation 1
The expression disaffection’ includes disloyalty and all feelings of enmity.
Explanation 2
Comments expressing disapprobation of the measures of the Government with a view to obtain their alteration by lawful means. Without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section
.
Explanation 3
Comments expressing disapprobation of the administrative or other action of the Government without exciting or attempting to excite hatred contempt or disaffection do not constitute an offence under this section.
Ingredient:
The essential ingredient of the section are:
1. bringing or attempting to bring into hatred or contempt, or exciting or attempting to excite disaffection towards
the Federal or Provincial Government; and
2. such act or attempt may be done:
(i) by words, either spoken or written, or
(ii) by signs, or
(iii) by visible representation
Essence of Sedition:
The essence of the crime of sedition consists in the intention with which the language is used. The intention of a speaker, writer or publisher may be inferred from the particular speech, articles, or letter. The requisite intention cannot be attributed to a person if he was not aware of the contents of the seditious publication. It is not necessary that the acts or words complained of must either incite to disorder; or must he such as to satisfy reasonable men that is their intention or tendency. Mere existence of feeling of hatred is not punishable unless an attempt is made to excite such feelings in others and the hatred and contempt must he hatred and contempt of the State Or of the established Government. It is not every kind of disaffection, hatred or contempt which would constitute seditions. It is that degree of disaffection, hatred of contempt which induces people, to refuse to recognize the Government at all and leads them to unconstitutional methods which are essential before a charge of sedition can be held to be established The writing or representation has to be read as a whole and in a fair. Free and liberal spirit. Bringing Government in hatred or contempt by publication of seditious note under pretense of freedom of press not protected. Representation of true or historical facts leading to creation of hatred or contempt is covered by the section.
Needless to say that circumstances and environments have changed since the incorporation of Section [24-A in the Penal Code and they are changing fast. In modern times the State is conceived at an instrument for the advancement of the well-being of the people and Government is the vehicle through which the State carries its beneficial activities. If a Government for the time being holding the reiifails to respond effectively to the needs and aspirations of the people, it must be prepared for onslaughts by the people through their representatives the notion of sedition has changed with the passage of time and in applying the Law of Sedition as embodied in S. I 24-A of the Penal Code.
Ans: (c)
Ingredients of the offence of waging war against
Government: The waging of war is the attempt to accomplish by violence any purpose of a public nature. When a multitude of persons rise and assemble to attain by force and violence any object of a general public nature, it amounts to waging war against the Government. Is not the number of the force, but the purpose and intention that constitutes the offence and distinguishes it from riot or we other rising for a private purpose.
in order to constitute an offence of waging or attempting to war under Section 121 of the Pakistan Penal Code is necessary to show that (a) the accused waged war, attempted to wage such war or abetted the waging of such war and h that such war was against the Government of Pakistan, Thus, if A joins an insurrection against the Government of Pakistan he has committed the offence of waging war
The above offence is punishable with death or imprisonment for life and also tine.
Kinds of Waging War
1. Waging war against a Power at peace with the King:
(i) Waging, or attempting to wage, or abetting the waging of such war against the Government of any Asiatic Power at peace with the King (S.125)
(ii) Committing, or preparing to commit depredation on the territories of any Power at peace with the King. (S.126).
(iii) Receiving any property, knowing the same to have been taken in the commission of any of the offences mentioned in the two last preceding sections. (S. 127)
2. Permitting or aiding the escape of a State prisoner:
(I) Public servant, voluntarily allowing a prisoner of State or war, in his custody, to escape. (S. 128)
(ii) Public servant negligently suffering a prisoner of State or war, in his custody. to escape. (S. 129)
(iii) Aiding the escape or rescuing, or attempting to rescue or harbouring or concealing or resisting the