IPC Section 122: Collecting Arms to Wage War Against the Government of India
Section 122 of the Indian Penal Code, 1860 dealt with collecting persons, weapons or ammunition, or otherwise preparing to wage war against the Government of India. Its corresponding provision in the Bharatiya Nyaya Sanhita, 2023 is Section 149.
IPC Section 122: Meaning and statutory provision
Heading: Collecting arms, etc., with intention of waging war against the Government of India.
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.
In this historical provision, the expression collects men refers to assembling persons for the prohibited purpose. The words arms or ammunition refer to weapons or supplies intended for use in such a campaign. The section also reaches other preparatory conduct, but the specified intention must be established.
BNS Section 149: Corresponding provision from 1 July 2024
Section 149 of the Bharatiya Nyaya Sanhita, 2023 is titled Collecting arms, etc., with intention of waging war against Government of India. It covers 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.
The punishment continues to be imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and liability to fine. The underlying offence concerns preparation accompanied by the specific intention to wage war; it does not require proof that war has already begun.
Essential ingredients of the offence
- Collection or preparation: Collecting persons, arms or ammunition, or undertaking other preparation to wage war.
- Specific intention: An intention either to wage war or to be prepared to wage war against the Government of India.
- Connection between conduct and purpose: The prosecution must establish that the collection or preparation was connected to that intention, on the evidence of the case.
What does 'waging war' mean?
In this context, waging war involves an organised violent challenge directed against the authority of the Government of India, rather than an ordinary private dispute. The legal character of conduct depends on its purpose, scale and surrounding circumstances. Peaceful protest, criticism of government or mere disagreement with public policy does not, by itself, constitute this offence.
Illustrative situations
Potentially covered: A group deliberately assembles weapons and recruits participants for an armed campaign against the Government of India. Evidence of the purpose and preparation would be material.
Not automatically covered: A person possesses equipment for a lawful purpose, without the requisite intention to wage war. Any separate violation of weapons laws must be assessed independently.
Punishment under IPC Section 122 and BNS Section 149
| Issue | IPC Section 122 | BNS Section 149 |
|---|---|---|
| Prohibited conduct | Collecting persons, arms or ammunition, or otherwise preparing to wage war | Corresponding preparatory conduct |
| Required intention | To wage or be prepared to wage war against the Government of India | Same central requirement |
| Punishment | Life imprisonment or imprisonment up to ten years; also liable to fine | Life imprisonment or imprisonment up to ten years; also liable to fine |
| Temporal application | Relevant to pre-1 July 2024 offences and saved matters | Applies from 1 July 2024, subject to applicable law |
The applicable sentence, procedural classification, and other consequences depend on the law and facts governing the particular case.
Frequently asked questions
What is IPC Section 122?
IPC Section 122 penalised collecting persons, 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.
Which BNS section corresponds to IPC Section 122?
Section 149 of the Bharatiya Nyaya Sanhita, 2023 contains the corresponding offence for conduct governed by the BNS from 1 July 2024.
What is the punishment?
Imprisonment for life, or imprisonment of either description for up to ten years, and liability to fine.
Does merely possessing arms amount to this offence?
No. The prosecution must establish the required intention connected with waging war against the Government of India. Unlawful possession may separately attract other laws.
Does the IPC still apply to earlier conduct?
The IPC may remain relevant to offences committed before 1 July 2024, subject to applicable repeal, savings and transitional rules.