Section 149 BNS: Collecting Arms, etc., with Intention of Waging War Against Government of India
Section 149 of the Bharatiya Nyaya Sanhita, 2023 deals with the collection of men, arms or ammunition, or other preparation to wage war, when accompanied by the intention of waging or being prepared to wage war against the Government of India. It forms part of Chapter VII, which deals with offences against the State.
Text of Section 149, Bharatiya Nyaya Sanhita, 2023
149. 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.
Meaning and Scope of Section 149 BNS
Section 149 criminalises preparatory conduct directed towards waging war against the Government of India. The provision is not confined to the physical collection of weapons. Its language also covers collecting persons or ammunition and "otherwise" preparing to wage war, provided the required intention is present.
The section itself does not create separate statutory definitions for the expressions "collects men", "arms", "ammunition" or "otherwise prepares". The central legal requirement is therefore the combination of prohibited preparatory conduct and the specified intention to wage, or to be prepared to wage, war against the Government of India.
Essential Ingredients
- There must be collection of men, arms or ammunition, or some other preparation to wage war.
- The preparation must relate to war against the Government of India.
- The accused must have the intention either to wage war or to be prepared to wage war against the Government of India.
Punishment Under Section 149 BNS
| Offence | Collecting men, arms or ammunition, or otherwise preparing to wage war against the Government of India with the specified intention. |
|---|---|
| Maximum punishment | Imprisonment for life, or imprisonment of either description for a term not exceeding ten years. |
| Fine | The offender is also liable to fine. |
| Chapter | Chapter VII - Offences Against the State. |
Section 149 and Related BNS Provisions
Section 149 should be read with the surrounding provisions governing offences against the State. Section 147 BNS deals with waging, attempting to wage, or abetting the waging of war against the Government of India. Section 148 BNS concerns conspiracy to commit offences punishable by Section 147, while Section 150 BNS addresses concealment intended to facilitate a design to wage war.
Commencement of the Bharatiya Nyaya Sanhita
The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. Under the Central Government notification dated 23 February 2024, its provisions came into force on 1 July 2024, except Section 106(2). Section 149 was therefore brought into force on 1 July 2024.
Practical Legal Note
Whether particular conduct amounts to "preparation to wage war" and whether the required intention is established depends on the facts and admissible evidence in each case. The statutory language should be read together with the Bharatiya Nagarik Suraksha Sanhita, 2023 and other applicable law governing investigation, cognizance, trial and evidence.
Official Legal Sources
For authoritative statutory text and commencement information, refer to the official India Code publication of the Bharatiya Nyaya Sanhita, 2023 and the Ministry of Home Affairs commencement notification linked in the right sidebar.
Frequently Asked Questions
What does Section 149 BNS punish?
It punishes collecting men, arms or ammunition, or otherwise preparing to wage war against the Government of India, when done with the intention of waging or being prepared to wage such war.
What is the punishment under Section 149 BNS?
The punishment is imprisonment for life, or imprisonment of either description for a term not exceeding ten years, and the offender is also liable to fine.
When did Section 149 BNS come into force?
Section 149 came into force on 1 July 2024 along with the Bharatiya Nyaya Sanhita, 2023 generally, pursuant to the Central Government notification dated 23 February 2024.