State is considered as prime victim in such offenses.

1. Adv. Vijay Jayshwal
Kathmandu University School of Law
Offenses Against the Security of
State

2. State ….
 Montevideo Convention on the Rights and Duties
of States (1933)
 Article 1 :The state as a person of international
law should possess the following qualifications:
a. permanent population;
b. defined territory;
c. government; and
d. capacity to enter into relations with the other
states.

3. Intro…
 Crimes that affect the security of the state as a whole.
The main offences against the state are treason,
sedition (and incitement to revolution), offences
involving official secrets, and acts of terrorism.
 The offense against the state fall into two categories:
 Conduct opposed to the very existence of government
 Offenses which affect the orderly and just
administration of public business.
 State enacts the criminal law in order to maintain law
and order in the given territory.
 Ultimately, the entire offenses are direct /indirect
committed challenging the security of state.

4. Rebellion
 Rebellion is action undertaken by a group aiming to
replace the government in a state or to secede from
the state to form a new one. (external self
determination)
 Legal concepts the right to resist, the right to rebellion
and the right to self-defense in its broadest sense is
sometimes identified or used synonymously.
 Two-level research of the right to resist should be
distinguished research of the right to resist.
 The first is a debate about the nature character and
legislative consolidation of this right, partly focused on
preventive-limiting its properties,
 Whereas the second one is updated at the time of
social upheaval and legal concerns, and it contains
not only the evaluation of the events, but sometimes
attempts to justify ex post risk of abuse and original
post-legitimation of public authorities

5.  The history of the right to resist is traced from the
sources of civilization and, in some sense, based on
the ideas of the natural state.
 The first reference and recognition of such a right was
found in the political and legal thought of ancient
China.
 This doctrine continued and it was reflected in the
writings of Christian thinkers (primarily by Thomas
Aquinas).
 Especially popular concept of resistance to tyranny
was acquired by English and Scottish authors, such
as John Locke, Thomas Hobbes, Samuel Rutherford,
Algernon Sidney and others.
 The Declaration of the Rights of Man and of the
Citizen, 1789, the Declaration of Independence, 1776

6.  In accordance with the Declaration on Principles of
International Law Concerning Friendly Relations and
Co-Operation among States in accordance with the
Charter of the UN of 24 October 1970, nothing in the
foregoing paragraphs shall be construed as
authorizing or encouraging any action which would
dismember or impair, totally or in part, the territorial
integrity or political unity of sovereign and
independent States conducting themselves in
compliance with the principle of equal rights and self-
determination of peoples as described and thus
possessed of a government representing the whole
people belonging to the territory without distinction as
to race, creed or colour.
 Every State shall refrain from any action aimed at the
partial or total disruption of the national unity and
territorial integrity of any other State or country.

7. Act of Treason
 English Statute of 1351, which defines two categories
of treason, one called high treason and the other,
petty treason.
 High treason focused on disloyalty to the King and
various acts, such as counterfeiting the King's seal,
that compromised the effectiveness of the King's reign
while the betrayal (including murder) of a superior by
a subordinate is offense of petty treason.
 This is a common law crime with its origins in the
perduellio (crime against Roman state) of the Roman
Law which in Roman-Dutch Law was known as
"hoogverraad”.
 Van der Linden, defines act of treason, as a crime
committed by those who with a hostile intent disturb,

8.  States that hoogverraad (high treason) is
something done or undertaken with a hostile
intent to the injury of the state or the government
of the country. These definitions were accepted
by our Appellate Division in R v Erasmus 1923 AD
73 at 81 and 87. The learned chief justice
referred also to Boehmer (Med. Const. Crim. Car.
Art. 124.5) who
 "has some very practical remarks upon the point.
Deeds, he thinks, speak for themselves, and it
will not avail an accused person who has set on
foot a movement which necessarily tends to the
subversion of the state, to set up the defence that
he did not contemplate" its overthrow: such acts
he says amount to perduellio because they are
pregnant with danger and cannot .be undertaken

9.  Hostile intent includes the intent to coerce the
government by force even though there is no
direct proof of an aim to wholly subvert the
government.
 An historical overview of the crime treason can be
found in S v H j Mayekiso & Others (case No
115/87 WLD 6/6/1988 unreported).
 The essence of the crime of treason is the hostile
intent. Except in cases where the crime consists
of the omission to disclose information of
treasonable activities, the hostile intent must,
however, be evidenced by some act. The
formation of a conspiracy may in itself be such
act. R v Adams & Others 1959 1 SA 646 (Special
Criminal Court) 666.

10. Crime against State and
Punishment Act, 2046 (1989)
 The Treason (Offences and Punishment) Act,
2019
 Preamble: Whereas, it is expedient to make
provision relating to Crime Against State and
Punishment:
 To keep intact the sovereignty, integrity and
national unity of Nepal,
 To maintain harmony between various classes,
casts (Jati), Dharma (religion) and communities,
 To maintain law and order and to maintain friendly
relations with foreign countries,

11. Sec.3. Subversion (Rastra Viplaw)
3.1 If someone causes or attempts to cause any
disorder with an intention to jeopardize sovereignty,
integrity or national unity of Nepal, he/she shall be
liable for life imprisonment.
3.2 If someone causes or attempts to cause any
disorder with an intention to overthrow the
Government of Nepal by exhibiting or using criminal
force, he/she shall be liable for life imprisonment or an
imprisonment upto Ten years.
3.3 If someone causes or attempts to cause a
conspiracy to jeopardize the sovereignty, integrity or
national unity of Nepal with the help of a foreign state
or organised force, he/she shall be liable for life
imprisonment or an imprisonment upto Ten years.
3.4 If someone causes conspiracy of a crime as
referred to in Subsections 3.1 or 3.2 or gathers
people, arms and ammunitions with such intention or

12. Sec.4. Treason (Rajdroha)
 4.2 If someone causes or attempts to cause or incites
to create hatred, enmity (dwesh) or contempt to any
class, caste, religion, region or other similar acts to
jeopardize the independence and sovereignty and
integrity of independent and indivisible Nepal, he/she
shall be liable for an imprisonment upto Three years
or a fine upto Three Thousand Rupees or the both.
4.3 If someone causes or attempts to cause an act to
create hatred, enmity (dwesh) or contempt of the
functions and activities of the Government of Nepal in
writing or orally or through shape or sign or by any
other means mentioning baseless or uncertified
(unauthentic) details, he/she shall be liable for an
imprisonment upto Two years or a fine upto Two
Thousand Rupees or the both.

13. 5. Revolt against friendly
states
 If someone causes or attempts to cause or incites
to revolt against any friendly state by using arms
from the territory of Nepal, he/she shall be liable
for an imprisonment upto Seven years or a fine
upto Five Thousand Rupees or the both.
Sec.6. Confiscation: All the arms, ammunitions or
goods accumulated or used to commit an offence
under this Act shall be confiscated

14. SEDITION (Rajdroha)
 The crime of sedition was said in R v Endemann
(1915) to bear the same meaning as "oproer" in
Roman-Dutch Law and implies a gathering or
concourse of people in defiance of the lawfully
constituted authorities for some unlawful purpose.
 The principal difference between treason and
sedition is that in the latter there is an absence of
hostile intent. The intent is to defy the authority of
the state or its officials. The seditious gathering
need not be accompanied by violence or force.

15. Terrorism
 Terrorism is usually understood as the use or
threat of violence to further a political cause.
There is no universally agreed definition of
terrorism making it a difficult object to quantify.
 The Sicarii were an early Jewish terrorist
organization founded in the first century AD with
the goal of overthrowing the Romans in the
Middle East.
 Judas of Galilee, leader of the Zealots and a key
influence on the Sicarii, believed that the Jews
should be ruled by God alone and that armed
resistance was necessary.

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19. Official Secrets
 A piece of confidential information that is
important for national security.
 “It is a crime to disclose an official secret“.
 "Official Secrets Act" is a term used in Hong
Kong, India, Ireland, Myanmar, Malaysia, Singapo
re and the United Kingdom, and formerly
in Canada and New Zealand for legislation that
provides for the protection of state secrets and
official information, mainly related to national
security.

20. Part-2 (Offences against the State)
Sec.49. Prohibition of undermining sovereignty, integrity or
national unity
Sec.50. Sedition
Sec.51. Prohibition of act against national interest
Sec.52. Prohibition of genocide
Sec.53. Prohibition of waging war against Nepal or assist the
army of a State at war with Nepal
Sec.54. Prohibition of waging war or insurrection against
friendly State
55. Prohibition of giving provocation to army or police
Sec.56. Prohibition of espionage
Sec.57. Prohibition of assault on President
Sec.58. Prohibition of intimidation of President or Parliament
Sec.59. Statute of limitation (Sections 49, 50, 51 52, 53 and
57-no) & no complaint shall be entertained after the expiry

21. Case law
 Anuplal Chaudhari V. HMG (NKP 2029),p.216.
 Dr. K.I. Singh and others V HMG (NKP
2022),p.56.
 Ram RajaPrasad Singh V HMG (NKP
2028),p.227.
 Mathewor Singh V HMG (NKP 2036),p.167.
 Chandra Bijaya Shah and other V HMG (NKP
2046),p.161.

22. Thank you