Section 149 BNS: Collecting arms, etc., with intention of waging war against Government of India
Bharatiya Nyaya Sanhita, 2023
Section 149 BNS at a Glance
Section 149 BNS deals with collecting arms, etc., with intention of waging war against Government of India. It is non-bailable and cognizable, triable by the Court of Session; it replaced Section 122 IPC on 1 July 2024.
Imprisonment for life, or imprisonment of either description for up to ten years.
Section 149 BNS Bare Act Text
149. 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.
Source: Section 149, Bharatiya Nyaya Sanhita, 2023
Section 149 BNS in Simple Words
Section 149 BNS of the Bharatiya Nyaya Sanhita (BNS) deals with collecting arms, ammunition, or other material with the intention of waging war against the Government of India. The law does not wait for the war to begin. If a person gathers weapons or related resources with that forbidden intention, the offence is complete.
The focus is on the purpose behind the collection, not just the act of collecting. This section can apply to individuals or groups who organise arms, arrange support, or prepare for an armed uprising against the State. In practice, it is used in very serious security cases where there is evidence of planning against the sovereignty of India.
The provision is significant because it allows the State to act at an early stage, before actual violence breaks out. It is treated as a grave offence and is investigated with great seriousness.
Ingredients of Section 149 BNS
- Collection of men, arms or ammunition, or other preparation to wage war
- Intention of waging war, or of being prepared to wage war, against the Government of India
Punishment Under Section 149 BNS
Imprisonment for life, or imprisonment of either description for up to ten years.
The offender is also liable to fine.
Collecting arms or otherwise preparing to wage war against the Government of India carries imprisonment for life, or up to ten years, and liability to fine.
Example of Section 149 BNS
When Section 149 BNS Does Not Apply
- The accused collected arms or ammunition for some other purpose, such as sport or trade, and had no intention of waging war
- The war the accused meant to wage was not against the Government of India
- The accused only thought or talked about waging war and had not collected or prepared anything
Section 149 BNS in the IPC (Previous Law)
Section 149 BNS replaces Section 122 IPC from the old criminal code.
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.
View IPC Section 122 →FAQs on Section 149 BNS
What does Section 149 of the Bharatiya Nyaya Sanhita cover?▼
Section 149 BNS covers collecting men, arms or ammunition, or otherwise preparing to wage war against the Government of India. The key point in the text is the intention to either wage war or be prepared to wage war against the Government of India.
What does the police have to prove under Section 149 BNS?▼
The prosecution must prove preparation such as collecting men, arms or ammunition, or some other act of preparation. It must also prove the intention of waging war, or being prepared to wage war, against the Government of India.
Is Section 149 BNS bailable?▼
No. This is a non-bailable offence, so bail is not a matter of right. The accused must apply to the court, which decides in light of the facts, the seriousness of the allegations, and other relevant circumstances.
What is the punishment under Section 149 BNS?▼
Section 149 BNS says the punishment is imprisonment for life, or imprisonment of either description for a term not exceeding ten years, and also fine. The exact sentence in a case depends on the facts and the court's decision.
How is Section 149 BNS different from actually waging war against the Government of India?▼
Section 149 BNS is about collecting men, arms, ammunition, or otherwise preparing, with the required intention. So this section targets the preparatory stage, not just the completed act of waging war.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·