IPC Section 122 and BNS Section 149: Collecting Arms or Preparing to Wage War Against India
Section 122 of the Indian Penal Code, 1860 dealt with collecting people, arms or ammunition, or otherwise preparing to wage war against the Government of India. The corresponding provision in the Bharatiya Nyaya Sanhita, 2023 (BNS) is Section 149.
What did IPC Section 122 provide?
The heading of IPC Section 122 was “Collecting arms, etc., with intention of waging war against the Government of India.” Its statutory text provided:
“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.”
Thus, the provision addressed specified preparatory conduct coupled with the intention to wage war against the Government of India; it did not require that war actually be waged.
BNS Section 149: Current corresponding law
Section 149 of the Bharatiya Nyaya Sanhita, 2023 is titled “Collecting arms, etc., with intention of waging war against Government of India.” It addresses collecting men, arms or ammunition, or otherwise preparing to wage war, with the requisite intention of waging or being prepared to wage war against the Government of India.
The punishment remains imprisonment for life or imprisonment of either description for a term that may extend to ten years, and liability to fine. Read the enacted provision in the official BNS Act, 2023 (India Code PDF).
Essential ingredients of the offence
- Collection or preparation: There must be collection of people, arms or ammunition, or some other preparation to wage war.
- Specific intention: The conduct must be accompanied by an intention to wage war, or to be prepared to wage war, against the Government of India.
- Connection to waging war: The prosecution must show a nexus between the collection or preparation and the prohibited war-related objective.
- Proof: The required conduct and intention must be established through admissible evidence, assessed in the circumstances of the case.
Meaning of preparation to wage war
The expression “waging war” concerns violent action directed against the Government of India of a character amounting to war in law. Mere political disagreement, peaceful protest or ordinary lawful possession of arms does not, without the statutory ingredients, constitute this offence.
Examples that may call for investigation include organised recruitment of fighters, accumulation of weapons, or coordinated logistical preparation where evidence establishes the intention to wage war against the Government of India. These examples are illustrative only; criminal liability depends on the evidence and applicable law.
Punishment and procedural position
| Issue | IPC Section 122 / BNS Section 149 |
|---|---|
| Nature | Collecting arms or otherwise preparing to wage war with the required intention |
| Imprisonment | Life imprisonment, or imprisonment of either description up to 10 years |
| Fine | Also liable to fine |
| Cognizability | Cognizable under the applicable procedural schedule |
| Bail classification | Non-bailable under the applicable procedural schedule |
| Trial | By Court of Session under the applicable procedural schedule |
For proceedings under the new procedural framework, consult the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). Transitional cases require attention to the law applicable on the relevant dates.
Related criminal-law provisions
- IPC Section 121 and BNS Section 147: waging, attempting to wage, or abetting war against the Government of India.
- IPC Section 121A and BNS Section 148: conspiracy to commit offences involving waging war or to overawe government by criminal force.
- IPC Section 122 / BNS Section 149: collecting arms or otherwise preparing to wage war.
- IPC Section 123 and BNS Section 150: concealment with intent to facilitate a design to wage war.
How is Section 122 different from Sections 121 and 121A?
IPC Section 121 addressed waging war, attempting to wage war, or abetting such war. IPC Section 121A addressed conspiracy to commit specified war-related offences or overawe government through criminal force. IPC Section 122 specifically targeted collecting people or weapons, or other preparations, with the prohibited intention. Corresponding BNS provisions are Sections 147, 148 and 149 respectively.
IPC Section 122 case laws
The original page carried a heading for Supreme Court and High Court case laws but did not supply any case names or citations. For judicial interpretation, consult authenticated judgments and the IPC case-law collection. No unverified citation has been added here.
Frequently asked questions
What is IPC Section 122?
It 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, addresses collecting arms or otherwise preparing to wage war against the Government of India.
What is the punishment under IPC Section 122 and BNS Section 149?
Imprisonment for life or imprisonment of either description for a term up to ten years, and liability to fine.
Is possessing arms alone sufficient for this offence?
No. The prosecution must establish the required intention relating to waging war against the Government of India, along with the prohibited preparation or collection.
Is this offence bailable?
The corresponding BNS Section 149 offence is classified as cognizable and non-bailable in the First Schedule to the BNSS. Its trial classification should be checked against the applicable schedule and procedural law.
Official legislation and reference links
- Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023) – India Code
- India Code – official legislative repository
- Ministry of Home Affairs, Government of India
This article is a general legal reference. The statutory text, notifications, procedural schedule and binding judicial decisions govern individual cases.