2 Treason (Rajdroh)

Definition (the Code's scheme, by principle): treason — the offence of levying war oracting against the state's existence: waging or attempting to wage war against Nepal; acting with intent to endanger Nepal's sovereignty, territorial integrity or national unity; collaborating with a foreign power to that end. The elements:1. The actus: organized violence or subversion against the state (the armed uprising, the conspiracy with external enemies, the sabotage of national defence); or the enumerated overt acts (attacking the constitutional organs; the coup);2. The mens: the specific intent to endanger or overthrow — the purpose, not mere criticism or dissent;3. The aggravations: in collusion with foreign states; during war; by public officials and security personnel (the betrayal aggravation).Doctrine's notes: treason as the legal face of the political offence (the armed insurgency prosecutions — the conflict era's legal history: the "terrorist" designations and the peace process's amnesty debates — Criminal Law-I's lesson that political violence ends politically); the constitutional frame (the unamendable sovereignty core, Article 274(1) — Constitutional Law-I's entrenchment as treason's constitutional mirror); the comparative caution (the U.S. Constitution's treason clause's narrow two-witness definition — the founders' fear of treason's political abuse; Nepal's Code following the general scheme).