IPC 122→BNS 149

IPC 122 to BNS 149: Collecting arms, etc., with intention of waging war against the Government of India

Section 122 IPC (1860) replaced by Section 149 BNS (2023)

View IPC Section 122 →View BNS Section 149 →

IPC 122 to BNS 149 at a Glance

Section 122 IPC (Collecting arms, etc., with intention of waging war against the Government of India) is now Section 149 BNS, in force from 1 July 2024. Under the BNS it is non-bailable and cognizable. What changed is set out below.

What Changed From IPC 122 to BNS 149?

Section 122 IPC is now Section 149 BNS, with the same words and the same punishment. The heading of Section 149 BNS drops the article before Government of India.

IPC 122 vs BNS 149: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section122149
OffenceCollecting arms, etc., with intention of waging war against the Government of IndiaSame
PunishmentImprisonment for life, or imprisonment of either description for up to ten years.Same
FineThe offender is also liable to fine.Same
BailNon-BailableSame
CognizanceCognizableSame
CompoundableNon-CompoundableSame
Triable ByCourt of SessionSame

IPC 122 and BNS 149: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 122, IPC 1860

122. 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.
BNS 2023 (in force)

Section 149, BNS 2023

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.

Ingredients: IPC 122 vs BNS 149

Under IPC 122
  1. The accused collected men, arms or ammunition, or otherwise prepared to wage war
  2. The accused did so with the intention of waging war, or of being prepared to wage war, against the Government of India
Under BNS 149
  1. Collection of men, arms or ammunition, or other preparation to wage war
  2. Intention of waging war, or of being prepared to wage war, against the Government of India

What IPC 122 to BNS 149 Means for Pending Cases

For Section 122 IPC (now Section 149 BNS): the wording and the punishment are the same, so a charge framed under Section 122 IPC reads across to Section 149 BNS without any change of substance.

FAQs: IPC 122 to BNS 149

What changed when Section 122 IPC became Section 149 BNS?▼

Only the heading. Section 149 BNS leaves out the article before Government of India. The words of the offence and the punishment are the same.

Where does Section 122 IPC sit in the BNS?▼

In Section 149 BNS, in Chapter VII, Of Offences Against the State.

Does Section 122 IPC or Section 149 BNS apply to an act done before 1 July 2024?▼

Section 122 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 122 IPC. Section 149 BNS governs acts done on or after 1 July 2024.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·