Bharatiya Nyaya Sanhita, 2023 — Section 149

Collecting Arms, etc., With Intention of Waging War Against Government of India

Section 149 punishes collecting men, arms, or ammunition, or otherwise preparing to wage war, with the intention of waging or being prepared to wage war against the Government of India, with imprisonment for life or imprisonment up to ten years, and fine.

Please note: This page reflects our understanding of the law as of the date it was last reviewed. Parliament, the State Legislatures, and the courts continue to amend and interpret this law, and this page may not yet reflect the most recent change. Please verify the current text of the law independently, and consult a licensed advocate for advice on your own matter, before relying on this page.

Corresponding Provision Under Prior Law

Verified against the National Crime Records Bureau's official BNS–IPC concordance (Sankalan Portal), which maps Section 149 to old IPC Section 122, and cross-checked directly against the bare text of both Acts.

BNS section	IPC, 1860 equivalent	Category
149	122	Exact

Comparing the two texts word for word, Section 149 is reproduced without any change from old IPC Section 122.

Quick Reference

Per the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023: punishable with imprisonment for life, or imprisonment for 10 years and fine (the statute itself: imprisonment for life, or imprisonment of either description up to ten years, and fine) — cognizable, non-bailable, and triable by the Court of Session.

Statutory Text (Verbatim)

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.

Source: Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), as published in the Gazette of India Extraordinary.

Explanation & Illustration (Lexovia's Commentary — Not Statutory Text)

Preparatory conduct short of actually waging war

Explanation (Lexovia's Commentary)

This section reaches an earlier stage of conduct than Section 147 — it punishes the preparatory acts of collecting men, arms, or ammunition, or otherwise preparing to wage war, done with the intention of waging war or being ready to wage it against the Government of India. Unlike Section 147, which requires the war to actually be waged or attempted, this section is complete once the preparatory collecting or arming is undertaken with the requisite intention, even before any war is actually attempted.

Illustration (Lexovia's Own Example)

A recruits and arms a group of men, stockpiling weapons and ammunition, intending to eventually launch an armed rising against the Government of India, though no attack has yet been attempted. A is liable under Section 149 for this preparatory conduct, independently of whether the planned rising is ever actually attempted.

Want legal research on any topic or drafting? Order Now →

Related / Cross-Referenced Sections

FAQs

Does actual war need to be attempted for this section to apply?

No. This section punishes the preparatory conduct of collecting men, arms, or ammunition, or otherwise preparing to wage war, with the requisite intention — the war itself need not actually be waged or attempted.

How is this different from Section 147?

Section 147 punishes actually waging war, attempting to wage it, or abetting its waging. This section punishes an earlier stage: the preparatory collecting of men, arms, or ammunition, done with the intention of waging or being prepared to wage such war.

Is intention alone, without any collecting or preparation, enough for this section?

No. The section requires the actual collecting of men, arms, or ammunition, or otherwise preparing to wage war, done with the requisite intention — intention alone, without any such preparatory conduct, would not satisfy this section.