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BNS · Section 149 · Chapter VII — OF OFFENCES AGAINST THE STATE

Collecting arms, etc., with intention of waging war against Government of India

What this section does

This section targets preparatory acts for waging war against the Government of India, specifically the collection of men, arms, or ammunition, or other preparations, with the intention of waging or being prepared to wage such war. It criminalises the preparatory stage before an actual attempt or waging of war.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Quick reference

Punishment
Imprisonment for life, or imprisonment of either description up to 10 years, and fine.
Triable by
Sessions Court
Cognizable
Yes
Bailable
No
Compoundable
No

Ingredients (what prosecution must prove)

  1. The accused collected men, arms, or ammunition, or otherwise made preparations to wage war
  2. The accused did so with the intention of waging war against the Government of India, or of being prepared to wage such war
Old-law correspondence

Derived from IPC s.122.

Read the official text

For the binding statutory text of BNS Section 149, refer to the Gazette of India or the India Code official website.

Why this matters

BNS Section 149 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.