Code
Section 149 – Collecting Arms, Etc., With Intention Of Waging War Against 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.
Explanation
What Does Section 149 BNS Cover?
Section 149 of the Bharatiya Nyaya Sanhita (BNS), 2023, criminalizes preparatory activities for war against the Government of India. It applies to individuals or groups who:
- Collect men – Recruiting or gathering people to participate in war.
- Collect arms and ammunition – Stockpiling weapons for future conflict.
- Prepare for war – Any action taken to organize, train, or mobilize resources for armed rebellion.
- Intend to wage war against the Government of India – A crucial element; mere possession of arms without this intent may not fall under this section.
Key Elements of Section 149 BNS
- Preparation for War – Any act that indicates readiness to engage in war against the government.
- Intent to Wage War – There must be a clear intention of using arms for war, not for self-defense or other lawful purposes.
- Scope of Activities – This includes gathering fighters, collecting weapons, and strategic planning.
- No Requirement of an Actual Act of War – Even before war starts, preparation alone is a punishable offense.
Punishment Under Section 149 BNS
- Life Imprisonment, OR
- Imprisonment up to 10 years, AND
- Fine
Illustration
- Example 1: Illegal Militia Formation
A group of individuals starts gathering weapons, training people, and planning an armed attack against government institutions. Even if they don’t attack, they are guilty under Section 149 BNS. - Example 2: Stockpiling Weapons for Rebellion
A leader of a separatist movement secretly stores guns and explosives in remote areas with plans to use them against security forces. This preparation is punishable under Section 149. - Example 3: Recruitment for an Armed Group
A person starts recruiting and training individuals for an armed uprising against the government. Even if no attack occurs, the act of organizing and preparing for war makes them guilty.
Common Questions and Answers on Section 149 BNS
1. What is the punishment under Section 149 BNS?
The punishment includes life imprisonment or imprisonment up to 10 years, along with a fine.
2. Does Section 149 apply if no actual war is waged?
Yes, just preparing for war is enough for prosecution under this section.
3. What is the difference between Section 147 and Section 149 of BNS?
- Section 147 BNS punishes waging or attempting to wage war against India.
- Section 149 BNS punishes preparing for war, even if no attack happens.
4. Does this law apply to foreign terrorist organizations?
Yes, even if a person or group outside India is preparing for war against India, they can be prosecuted under BNS Section 149.
5. What other laws are related to Section 149 BNS?
- Section 147 BNS – Punishes actual war against India.
- Section 148 BNS – Covers conspiracy to commit war.
- Unlawful Activities (Prevention) Act (UAPA) – Used to combat terrorism and armed groups.
- National Security Act (NSA) – Allows preventive action against individuals preparing for war.
Conclusion
Section 149 of BNS is a preventive legal measure aimed at stopping war-like activities before they escalate. It ensures that even preparations to wage war against India are considered a serious criminal offense.
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