Section 122 IPC - Collecting Arms with Intention of Waging War Against Government of India

Section 122 of the Indian Penal Code, 1860 dealt with preparatory conduct directed towards waging war against the Government of India. It covered collecting men, arms or ammunition, as well as otherwise preparing to wage war, when accompanied by the intention specified in the section.

Historical applicability: This article explains Section 122 IPC under the law applicable before the Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024. The BNS now contains the corresponding subject in Section 149. For conduct and proceedings governed by the earlier IPC regime, the applicable statutory and saving provisions should be examined in the facts of the case.

Text and meaning of Section 122 IPC

In substance, Section 122 provided that a person who collects men, arms or ammunition, or otherwise prepares to wage war, with the intention either of waging war or of being prepared to wage war against the Government of India, is punishable with imprisonment for life or imprisonment of either description for a term up to ten years, and is also liable to fine.

The provision therefore targeted preparation for the grave offence of waging war against the Government of India. Mere possession or collection of persons, arms or ammunition was not, by itself, the complete statutory test. The prosecution had to connect the conduct with the particular intention required by Section 122.

Essential ingredients of Section 122 IPC

For Section 122 to apply, the prosecution was required to establish the statutory elements of the offence. These may be understood as follows:

There must be collection of men, arms or ammunition, or some other act amounting to preparation to wage war.
The preparation must be attributable to the accused.
The accused must have the intention of waging war, or of being prepared to wage war.
The contemplated war must be against the Government of India.

What does "collecting arms" mean in Section 122 IPC?

The expression forms part of a wider provision. Section 122 referred not only to arms and ammunition but also to collecting men and to otherwise preparing to wage war. Accordingly, the legal inquiry was not confined to whether weapons were found. The nature, scale and surrounding circumstances of the preparation, together with evidence bearing on the required intention, were material to determining whether the conduct fell within Section 122.

Meaning of intention to wage war

The mental element was central to Section 122. The acts of collection or preparation had to be accompanied by the intention either to wage war or to be prepared to wage war against the Government of India. Evidence of preparation therefore had to be assessed together with evidence from which the legally required intention could be proved.

Punishment under Section 122 IPC

Provision	Offence	Punishment under IPC
Section 122 IPC	Collecting men, arms or ammunition, or otherwise preparing to wage war, with the intention specified in the section	Imprisonment for life, or imprisonment of either description for a term not exceeding ten years, and liability to fine

Relationship with Sections 121 and 121A IPC

Section 121 IPC dealt with waging war, attempting to wage war, or abetting the waging of war against the Government of India. Section 121A IPC dealt with conspiracy to commit specified offences punishable by Section 121 and conspiracy to overawe the Central Government or a State Government by criminal force or show of criminal force. Section 122, by contrast, expressly addressed the collection and preparatory conduct described in its text, coupled with the prescribed intention.

Legislative notes to Section 122 IPC

The original statutory wording was amended over time. The expression referring to the "Queen" was substituted by "Government of India" through the Adaptation of Laws Order, 1950. The earlier punishment of transportation for life was replaced by imprisonment for life by Act 26 of 1955. The former consequence concerning forfeiture of property had earlier been replaced by liability to fine by Act 16 of 1921.

Position after the Bharatiya Nyaya Sanhita, 2023

The Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024, subject to the notified exception concerning Section 106(2). The subject formerly addressed by Section 122 IPC is now addressed by Section 149 BNS, titled "Collecting arms, etc., with intention of waging war against Government of India." This page is intentionally focused on the IPC position before BNS implementation.

Key point: Section 122 IPC criminalised specified preparation for waging war against the Government of India. Proof of the collection or preparatory act had to be joined with proof of the intention expressly required by the provision.

This page provides general legal information about the pre-BNS statutory position and is not a substitute for advice on the facts of a particular case.