BNS Section 149 – Collecting arms, etc. , with intention of waging war against the Government of India

IPC Section – 122

Cognizable offence
punishable with imprisonment for life, or either
description for a term not exceeding ten years and with
fine.

Whoever collects men, arms or ammunition or otherwise prepares to wage war with the intention of either waging or being prepared to wage war against the Government of India, shall be punished with imprisonment for life or imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine.

Collecting Arms, etc., with Intention of Waging War Against the Government of India (BNS-149)

1. What is the Offence?

This law criminalizes the act of collecting men, arms, or ammunition with the intention of waging war against the Government of India.

• Waging War: Refers to using violence or preparing to use violence to overthrow or challenge the government.
• Preparation: Includes gathering weapons, ammunition, or recruiting individuals for organized armed resistance.

2. Key Elements of the Offence

• Collection of Arms, etc.: Gathering weapons, ammunition, or recruiting individuals.
• Intention: The act must be done with the clear intention of waging war against the government.
• Preventive Measure: The offence is complete even if actual violence does not occur, as long as preparations are made with the intent to wage war.

3. Punishment

• Imprisonment for life, or
• Imprisonment for up to 10 years, and
• Fine.

4. Type of Offence

• Cognizable: Police can arrest without a warrant.
• Non-bailable: The accused cannot claim bail as a right.
• Court: The case will be tried by the Court of Session.

5. Purpose of the Law

• The law aims to deter and punish preparations for waging war against the government.
• It ensures strict penalties for those involved in planning or organizing armed resistance, even if no violence has occurred.

Summary of the Offence