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

Indian Penal Code, 1860

Section 122 IPC at a Glance

Section 122 IPC deals with collecting arms, etc., with intention of waging war against the Government of India. It is non-bailable and cognizable, triable by the Court of Session; from 1 July 2024 it is replaced by Section 149 BNS.

Punishment

Imprisonment for life, or imprisonment of either description for up to ten years.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ
BNS Equivalent

Section 149 →

Section 122 IPC Bare Act Text

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.

Source: Section 122, Indian Penal Code, 1860

Section 122 IPC in Simple Words

Section 122 of the Indian Penal Code (IPC) punishes collecting men, arms or ammunition, or otherwise preparing to wage war, with the intention of waging war, or of being prepared to wage war, against the Government of India.

The punishment is imprisonment for life, or imprisonment of either description for up to ten years, and fine.

The offence is cognizable and non-bailable, and it is tried by a Court of Session.

Ingredients of Section 122 IPC

  • The accused collected men, arms or ammunition, or otherwise prepared to wage war
  • The accused did so with the intention of waging war, or of being prepared to wage war, against the Government of India

Punishment Under Section 122 IPC

Imprisonment

Imprisonment for life, or imprisonment of either description for up to ten years.

Fine

The offender is also liable to fine.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

Collecting arms or otherwise preparing to wage war against the Government of India carries imprisonment for life, or up to ten years, and fine.

Example of Section 122 IPC

In 2021, Mahendra rented an abandoned warehouse in Ranchi where he recruited twenty fighters, stockpiled pistols and grenades, and drew up battle plans with the intention of being prepared to wage war against the Government of India. Security forces raided the warehouse and arrested him before any attack was launched or any fighting began. Because he collected men and arms and prepared to wage war with the intention of being prepared to wage war against the Government of India, Mahendra is punishable under Section 122 IPC.

When Section 122 IPC Does Not Apply

  • A person collected firearms or cartridges solely for licensed target practice, private security, or commercial sale without any intention of waging war against the Government of India.
  • A person recruited fighters and gathered arms to fight a private rival faction or a foreign entity rather than to wage war against the Government of India.
  • A person merely expressed hostility toward the Government of India in conversation without collecting men, arms, or ammunition or making any preparation to wage war.

Section 122 IPC in the BNS

Section 122 IPC is now covered under Section 149 BNS.

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 detailed comparison (IPC 122 vs BNS 149) →

FAQs on Section 122 IPC

What does Section 122 IPC provide?▼

It punishes collecting men, arms or ammunition, or otherwise preparing to wage war, with the intention of waging war, or of being prepared to wage war, against the Government of India.

What is the punishment under Section 122 IPC?▼

Imprisonment for life, or imprisonment of either description for up to ten years, and the offender is also liable to fine.

Must a war actually break out before Section 122 IPC applies?▼

No. The offence is complete once the arms are collected, or the other preparation is made, with the required intention.

Is an offence under Section 122 IPC cognizable?▼

Yes. The First Schedule to the CrPC makes it cognizable.

Is an offence under Section 122 IPC bailable?▼

No. It is non-bailable.

Which court tries an offence under Section 122 IPC?▼

A Court of Session.

Can an offence under Section 122 IPC be compounded?▼

No. It is not listed in Section 320 CrPC.

Where is Section 122 IPC in the Bharatiya Nyaya Sanhita?▼

In Section 149 BNS.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·