Question

Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.
LEGAL PRINCIPLE: The Indian Penal Code makes preparation to wage war against the Government punishable.
FACTUAL SITUATION: X, the chairman of a political party during an election campaign alleged that the ruling party was responsible for inflation, increases in crimes and all other evils that prevailed in the country and hence, exalted his party members and other people to overthrow the present Government in the next election.

• A. X is guilty as he was provoking his party men to overthrow the Government.
• B. X is not liable as what he was saying was true.
• C. X is liable as he was making an irresponsible statement.
• D. X is not liable as his act does not amount to preparation for waging war against the Government.

Answer 1

Answer: (D)

X is not liable as his act does not amount to preparation for waging war against the Government.

The waging of war is the actual attempt to accomplish any purpose of public nature by violence. A deliberate and organised attack upon the Government forces and Government offices amounts to a waging war. It is punishable under Section 121 of IPC. X is not liable as he wants his party members to overthrow the Government in the next elections and not by violence or waging an actual war against the present Government.