Sections Mentioned in Defence Aand Prosecution

SECTIONS MENTIONED IN DEFENCE AAND PROSECUTION
ISSUE 1
Section 120B. Punishment of criminal conspiracy.(IPC)--(1) Whoever

is a party to a criminal conspiracy to commit an offence punishable with
death, 2[imprisonment for life] or rigorous imprisonment for a term of
two years or upwards, shall, where no express provision is made in this
Code for the punishment of such a conspiracy, be punished in the same
manner as if he had abetted such offence.
(2) Whoever is a party to a criminal conspiracy other than a criminal

conspiracy to commit an offence punishable as aforesaid shall be
punished with imprisonment of either description for a term not
exceeding six months, or with fine or with both.]
r/w
Section 124A. Sedition.- (IPC)

Whoever by words, either spoken or written, or by signs, or by
visible representation, or otherwise, brings or attempts to bring
into hatred or contempt, or excites or attempts to excite
disaffection towards, 2*** the Government established by law
in 3[India], 4*** shall be punished with 5[imprisonment for life],
to which fine may be added, or with imprisonment which may
extend to three years, to which fine may be added, or with
fine.
Section 149. Every member of unlawful assembly guilty of offence

committed in prosecution of common object. —(IPC)
If an offence is committed by any member of an unlawful assembly in
prosecution of the common object of that assembly, or such as the
members of that assembly knew to be likely to be committed in
prosecution of that object, every person who, at the time of the
committing of that offence, is a member of the same assembly, is guilty
of that offence.
Section 34. Acts done by several persons in furtherance of common

intention.—(IPC)
When a criminal act is done by several persons in furtherance of the
common intention of all, each of such persons is liable for that act in the
same manner as if it were done by him alone.
SECTION 141- Unlawful assembly.— (IPC)
An assembly of five or more persons is designated an “unlawful
assembly”, if the common object of the persons composing that
assembly is—
(First)— To overawe by criminal force, or show of criminal force, 1the 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; or
(Second)— To resist the execution of any law, or of any legal process; or
(Third)— To commit any mischief or criminal trespass, or other offence; or
(Fourth)— 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; or
(Fifth)— 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.
Explanation.— An assembly which was not unlawful when it

assembled, may subsequently become an unlawful assembly.
‘SECTION 177- (Indian Evidence Act)
Ordinary place of inquiry and trialEvery offence shall ordinarily be
inquired into and tried by a Court within whose local
jurisdiction it was committed.’
r/w Section 209:
‘209.Commitment of case to Court of Session when the offence is triable
exclusively by
it- When, in a case instituted on a police report or otherwise, the
accused appears or is brought
before the Magistrate and it appears to the Magistrate that the offence is
triable exclusively by
the Court of Session, he shall-
(a) Commit the case to the Court of Session;
(b) Subject to the provisions of this Code relating to bail, remand the
accused to custody
during, and until the conclusion of, the trial;
(c) Send to that Court the record of the case and the documents and
articles, if any, which are
to be produced in evidence;
(d) Notify the Public Prosecutor of the commitment of the case to the
Court of Session.’
The Counsels for the Defence most respectfully submit to this
jurisdiction of the
Hon’ble Sessions Court.
The Golden Triangle of the Constitution of India is a term used to describe the
fundamental rights enshrined in Articles 14, 19, and 21 of the Indian Constitution.
These articles are considered the most important and interdependent provisions of the
Constitution and form the cornerstone of Indian democracy.
Article 14 of the Indian Constitution guarantees the right to equality before the law
and equal protection of the laws to all persons. It prohibits discrimination on the
grounds of religion, race, caste, sex or place of birth. This means that every person in
India is entitled to equal protection of the law and equal treatment under the law,
regardless of their background or social status.
Article 19 of the Indian Constitution guarantees certain freedoms to all citizens, such
as the freedom of speech and expression, the freedom to assemble peacefully, the
freedom to form associations or unions, the freedom to move freely throughout the
territory of India, and the freedom to practice any profession or carry on any trade,
business or occupation.
Article 21 of the Indian Constitution guarantees the right to life and personal liberty to
all persons. It ensures that no person shall be deprived of their life or personal liberty
except according to the procedure established by law.
These three articles together form the Golden Triangle of the Indian Constitution,
which is essential to protect the fundamental rights of citizens and ensure that justice
is served. The three articles are interdependent and cannot be interpreted in isolation.
For example, the right to equality under Article 14 cannot be achieved without the
freedom of speech and expression guaranteed by Article 19. Similarly, the right to life
and personal liberty under Article 21 is dependent on the protection of equal rights
and freedoms under Article 14 and Article 19.
SECTION 6. Relevancy of facts forming part of same transaction.

(EVIDENCE ACT)
Facts which, though not in issue, are so connected with a fact in issue as
to form part of the same transaction, are relevant whether they occurred
at the same time and place or at different times and places.
SECTION 2(O) of CrPC-

"officer-in-charge of a police station" includes, when the officer-in-
charge of the police station is absent from the station-house or unable
from illness or other cause to perform his duties, the police officer
present at the station-house who is next in rank to such officer and is
above the rank of a constable or, when the State Government so directs,
any other police officer so present;
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.]
ISSUE-2
UAPA
SECTION 13- Punishment for unlawful activities.—

(1)Whoever—(a)takes part in or commits,
or(b)advocates, abets, advises or incites the commission of, any unlawful activity,
shall be punishable with imprisonment for a term which may extend to seven years
and shall also be liable to fine.
(2)Whoever, in any way, assists any unlawful activity of any association, declared
unlawful under section 3, after the notification by which it has been so declared has
become effective under sub-section
(3)of that section, shall be punishable with imprisonment for a term which may extend
to five years, or with fine, or with both.
(3)Nothing in this section shall apply to any treaty, agreement or convention entered
into between the Government of India and the Government of any other country or to
any negotiations there for carried on by any person authorised in this behalf by the
Government of India.
SECTION 15. Terrorist act.-- [(1)] Whoever does any act with intent to threaten or
likely to threaten the unity, integrity, security 4[, economic security,] or sovereignty
of India or with intent to strike terror or likely to strike terror in the people or any
section of the people in India or in any foreign country,--
(a) by using bombs, dynamite or other explosive substances or inflammable
substances or firearms or other lethal weapons or poisonous or noxious gases or other
chemicals or by any other substances (whether biological radioactive, nuclear or
otherwise) of a hazardous nature or by any other means of whatever nature to cause or
likely to cause--
(i) death of, or injuries to, any person or persons; or
(ii) loss of, or damage to, or destruction of, property; or
(iii) disruption of any supplies or services essential to the life of the community in
India or in any foreign country; or
4[(iiia) damage to, the monetary stability of India by way of production or smuggling
or circulation of high quality counterfeit Indian paper currency, coin or of any other
material; or]
(iv) damage or destruction of any property in India or in a foreign country used or
intended to be used for the defence of India or in connection with any other purposes
of the Government of India, any State Government or any of their agencies; or
(b) overawes by means of criminal force or the show of criminal force or attempts to
do so or causes death of any public functionary or attempts to cause death of any
public functionary; or
(c) detains, kidnaps or abducts any person and threatens to kill or injure such person
or does any other act in order to compel the Government of India, any State
Government or the Government of a foreign country or 5[an international or inter-
governmental organisation or any other person to do or abstain from doing any act;
or]
commits a terrorist act.
6[Explanation.--For the purpose of this sub-section,
(a) "public functionary" means the constitutional authorities or any other functionary
notified in the Official Gazette by the Central Government as public functionary;
(b) "high quality counterfeit Indian currency" means the counterfeit currency as may
be declared after examination by an authorised or notified forensic authority that such
currency imitates or compromises with the key security features as specified in the
Third Schedule.]
7[(2) The terrorist act includes an act which constitutes an offence within the scope
of, and as defined in any of the treaties specified in the Second Schedule.]
SECTION 16- Punishment for terrorist act.—
(1)Whoever commits a terrorist act shall,—

(a)if such act has resulted in the death of any person, be punishable with death or
imprisonment for life, and shall also be liable to fine;
(b)in any other case, be punishable with imprisonment for a term which shall not be
less than five years but which may extend to imprisonment for life, and shall also be
liable to fine.
18. Punishment for conspiracy, etc.—

Whoever conspires or attempts to commit, or advocates, abets, advises
or [incites, directly or knowingly facilitates] the commission of, a
terrorist act or any act preparatory to the commission of a terrorist act,
shall be punishable with imprisonment for a term which shall not be
less than five years but which may extend to imprisonment for life, and
shall also be liable to fine.
18A. Punishment for organising of terrorist camps.—
Whoever organises or causes to be organised any camp or camps for

imparting training in terrorism shall be punishable with imprisonment
for a term which shall not be less than five years but which may extend
to imprisonment for life, and shall also be liable to fine.

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SECTIONS MENTIONED IN DEFENCE AAND PROSECUTION

Section 120B. Punishment of criminal conspiracy.(IPC)--(1) Whoever

(2) Whoever is a party to a criminal conspiracy other than a criminal

Section 124A. Sedition.- (IPC)

Section 149. Every member of unlawful assembly guilty of offence

Section 34. Acts done by several persons in furtherance of common

Explanation.— An assembly which was not unlawful when it

SECTION 6. Relevancy of facts forming part of same transaction.

SECTION 2(O) of CrPC-

Explanation 1.-- The expression "disaffection" includes

Explanation 2.--Comments expressing disapprobation of the

Explanation 3.--Comments expressing disapprobation of the

SECTION 13- Punishment for unlawful activities.—

(1)Whoever commits a terrorist act shall,—

18. Punishment for conspiracy, etc.—

18A. Punishment for organising of terrorist camps.—

Whoever organises or causes to be organised any camp or camps for

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