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Section 149: Collecting Arms with Intention of Waging War Against Government

Bharatiya Nyaya Sanhita • Chapter VII: Of Offences Against the State & Armed Forces • Official Statutory Text & Legal Guide

Chapter VII: Of Offences Against the State & Armed Forces
Court of Session
Non-Bailable
Cognizable
Formerly Sec 122 IPC
Section 148 All 358 Sections of Bharatiya Nyaya Sanhita Section 150

Legal Commentary & Landmark Judgments: Section 149

Section 149 penalizes collecting arms, ammunition, or otherwise preparing to wage war against the Government of India, with the intention of either waging or being prepared to wage war, prescribing imprisonment for life or up to ten years, and fine.

  • Collection of War Munitions: Gathering weapons, firearms, explosives, drones, or military logistics.
  • War-Waging Intention: Done with the specific intention of waging war or being prepared to wage war against the Government of India.
  • Severe Inchoate Offence: Penalizes the preparatory mobilization phase prior to actual armed insurrection (formerly Section 122 IPC).
Key Landmark Precedents:
  • Nazir Khan v. State of Delhi (2003) 8 SCC 461: The Supreme Court affirmed that stocking heavy arms, ammunition, and explosives in safe-houses with the objective of armed subversion establishes completed liability under Section 122 IPC (Section 149 BNS).
  • State of Maharashtra v. Som Nath Thapa (1996) 4 SCC 659: Affirmed that smuggling assault rifles and RDX for insurgent syndicates fulfills the actus reus of collecting arms to wage war.
Courtroom Practice & Strategic Litigation Guidance:

In arms recovery cases, challenge the purpose: if the seized weapon was an unlicensed civilian firearm for personal protection, the charge falls under the Arms Act, 1959, NOT under Section 149 BNS, which requires proof of intent to wage war against the state.

Section 148 All 358 Sections of Bharatiya Nyaya Sanhita Section 150